Cerebral Palsy

Deputy Pima County Attorney Jonathan Mosher said during closing arguments Friday that Midcap's actions weren't the actions of a reasonable person and therefore he should be convicted of second-degree murder or manslaughter.

While Midcap swore he fired at Popin's chest, a forensic pathologist testified Popin was shot in the back.

Midcap and Popin, who lived at the same apartment complex, had several confrontations over the month leading up to the shooting, mostly over noise from Popin and some friends working on a truck and smoking methamphetamine in the parking lot between 2 a.m.

and 4 a.m., and Popin having boxed his car in, Midcap said.

When he complained to the complex manager about the noise, Midcap said he was told Popin would be moving out by July 1.

On June 22 Midcap called the police to complain about Popin, and later made a trip to two drugstores.

When he got back, Midcap parked next to Popin's utility truck and got out, putting the .38 revolver he carries for protection in his hip pocket.

When he went around to his trunk, Midcap said Popin confronted him.

After some bumping and angry words, during which Midcap said he pleaded with Popin not to hit him.

After he was knocked down, Mid...

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