Prosecutors allege that James Ellis Grant crouched in an alley on Stuyvesant Avenue and fired seven shots from a rifle in the direction of a police SUV, hitting the vehicle five times.
James Ellis Grant TRENTON — Following a morning of character witnesses for a defendant charged with attempting to kill two city police officers in May 2012, the prosecution and defense finished presenting their cases today.
Prosecutors allege that James Ellis Grant, 25, crouched in an alley on Stuyvesant Avenue just before midnight on May 14, 2012, and fired seven shots from a prohibited assault rifle in the direction of a police SUV, hitting the vehicle five times.
The bullets did not hit Officers Mike Runyon or Gene Palumbo, who were inside. Grant is facing two counts of attempted murder and several weapons offenses.
“I would submit to you in this case, his intent could have been nothing other than to kill those two officers,” Assistant Prosecutor Lew Korngut said. “If your intent isn’t to kill when you’re pointing a gun at somebody’s head, I don’t know what it is.”
Grant’s attorney Arun Lavine said there are no credible witnesses in the case. The only person to testify that he saw Grant shoot at the vehicle was 17 years old at the time, and was told by police that he would be charged if he didn’t say who was responsible for the shooting.
“Where’s the evidence in this case? Where’s the gun, where are the fingerprints,” Lavine said. “The fact is there is no evidence against my client for this charge.”
Another witness, a 22-year-old who was incarcerated with Grant at Mercer County Correction Center in June 2012, said Grant told him he fired at the police six times with an M-1 carbine assault rifle.
A ballistics expert from the New Jersey State Police testified Wednesday that the .30-caliber shell casings found at the scene could have come from an M-1 carbine assault rifle — a weapon that is three times as powerful as a police handgun and is on the list of prohibited assault weapons in the state.
No gun has been recovered by the police.
The witness who was 17 years old at the time told police Grant said he wrapped the gun in a trash bag and duct tape and put it outside. The 22-year-old said Grant told him he got rid of the gun in May 2012, a day before police searched his home.
“Why would you keep a rifle that you knew shot at police in your house where police could find it,” Korngut said.
Lavine said that, without a gun or fingerprints, there is not enough evidence to convict Grant.
“There should be some evidence, and in this case there’s not,” she said.
Prosecutors have alleged that Grant was trying to retaliate against the police for the death of his girlfriend’s brother, 20-year-old Orenthia “Pookie” Upshur.
Upshur died when he crashed his car into a utility pole after driving 100 mph in Chambersburg. Police said they attempted to follow him but could not catch up before the crash.
But Upshur’s sister today said Upshur and Grant didn’t get along and hadn’t even spoken since March 2012. She said Grant did not go to Upshur’s funeral or burial and only went to a gathering afterward because she asked him to.
The jury will begin deliberations on Monday.
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