TROY, N.Y. - A Troy teen's attempted murder case heads back to court, as the victim's family prays for a miracle recovery.
19-year-old Ariel Myers is charged in the September shooting that put a Troy husband and father in a coma. News10 was the only TV station in the courtroom as Myers' new trial got underway late Tuesday afternoon.
News10's Marie Luby lays out the arguments during opening statements.
Ariel Myers faces a jury for the second time, accused of shooting 36-year-old Robert Guynup in the head in September. The tow truck driver and father of three still can't walk or talk.
Prosecutor Keith Muse said, "Since September 13th, 2009, Bob Guynup has existed as a shell of his former self."
"They can't give me any prognosis. They tell me miracles happen every day and we're just hoping he can be one of those miracles," Guynup's wife Jodie told News10 several months ago. She was absent the courtroom during opening statements. A mistrial in May left the family upset at having to re-live their horror that night.
"He went out and he took a picture," said Muse, referring to Guynup. Muse then pointed to Myers, saying, "In return that man, Ariel Myers, put a bullet in his head."
The prosecution said Myers joined a mob of more than 50 kids at Griswold Heights that night, with a loaded .25 caliber handgun. When Guynup came outside his home from across the street to take a picture for police of the unruly crowd, a single shot rang out.
Police never recovered the gun used to shoot Guynup. Myers' attorney, J. Hernandez III, said the case is purely circumstantial. "The prosecution has not mentioned one witness. Now how are they going to prove this case beyond a reasonable doubt?" Hernandez continued, "I don't know who shot him. I have my suspicions, but I know it wasn't Ariel."
Hernandez contended the teen wasn't even at the party that night. He told the jury, "A tragedy occurred on September 13th, 2009. Don't let another tragedy occur here."
The prosecution went on to call their first witness, a Troy cop first on the scene, who saw Jodie Guynup holding her husband and screaming for help at the foot of their driveway.
Some of those at the party that night will be called to testify.