Trial Starts In Niagara County Murder Case

May 9, 2011 Updated May 9, 2011 at 2:10 PM EDT

By Jaclyn Asztalos

May 9, 2011 Updated May 9, 2011 at 2:10 PM EDT

Opening statements began in the case of a man accused of a murder in Niagara County.

Earl McCoy, 28, is one of two men accused of killing Jacobi Lovett in November of 2009. McCoy is charged with one count of Second Degree Murder and two counts of Attempted First Degree Robbery, along with other firearm charges.

In opening statements, the prosecutor detailed to the jury the last moments of Lovett's life. They said he was shot in the leg but he was able to walk to a nearby mini-mart. The people there called for help but it was too late. Lovett bled to death just minutes later.

They also said that McCoy was not the only suspect on scene. They said McCoy aided Tyrome Elder in the murder. Elder was tried separately.

When the Defense Attorney John Parrinello took over with his opening statements, he told the jury that Elder acted alone. He said there was no proof that McCoy was even at the scene of the crime. Parrinello also claims that Lovett was having an affair with Elder's girlfriend and that is what fueled the initial dispute.

"There is nobody that places Earl McCoy in the vicinity of Mr. Lovett's car when people claim Mr. Lovett was robbed and shot. There's no one that puts him there during that period of time," Parrinello said.

Parrinello does admit that McCoy was somewhere in Niagara Falls at the time of the crime but nowhere near the scene of the shooting.

The trial is expected to last into next week. The prosecutor will call people who were at the mini-mart where Lovett died and others who were at the scene after the shooting. The defense does not plan to call any witnesses.