Jim Parish, who is Tilmon Golphin's attorney, claimed that the older brother did not plan or intend to kill two officers, and for that reason should not receive first-degree murder.
"There was no plan. There was no intent," Parish said.
Kevin Golphin's attorney, Jim Walen, said that the violence did not start until kevin was doused with pepper spray.
"He had been shot, maced, hassled, pushed faced down in the dirt," Walen said. "He's guilty of second-degree murder, not first-degree murder."
The state argued that the brothers knew exactly what was happening during the shooting.
"They act with the extreme violence, and extreme brutality," Assistant District Attorney Calvin Collier said. "That was a direct result in both cases, not of pepper spray, but of specific intent and deliberation."
District Attorney Ed Grannis said, "When Tilmon shot David Hathcock, he pulled the trigger three different times. When he shot Ed Lowry, he pulled the trigger five different times. And they stand up here and tell you that there was no premeditation, and no deliberation."
Closing arguments ended late Tuesday afternoon, and the judge began giving instructions to the jury.
The instruction will continue Wednesday. The jury could begin deliberating by late in the morning.
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