JONESBORO, Ga. - Clayton County prosecutors presented a shocking new theory during closing arguments in the trial of a teen accused of murdering his ex-girlfriend.
Assistant District Attorney Bill Dixon told the jury that Kevin Kosturi shot and killed his 16-year-old ex-girlfriend, Angel Freeman, and then tried to kill himself.
Kosturi's attorney said the then-15-year-old Kosturi didn't intend for anyone to die on Feb. 21, 2011, and said the shooting was an accident.
"He's not guilty of these
charges, and I ask that you render a verdict that reflects that truth," attorney Scott Dawkins said during closing arguments.
"Don't you dare do that," an enraged Dixon said to the jury. "She's never going to be alive again. Because he killed her."
Prosecutors said Kosturi shot Freeman in a makeshift fort near Kosturi's Ellenwood home.
Police say Kosturi was jealous and angry after Freeman broke up with him and started dating his neighbor.
In a theory the prosecution hadn't mentioned before, it said Kosturi shot Freeman and then tried to kill himself. But something went wrong.
"The silver one didn't go. It was meant for him. It misfired. Then he freaks out," Dixon said, explaining that a bullet didn't fire in the .38-caliber revolver Kosturi said he had gotten from a neighbor.
The defense said that doesn't make sense, especially when considering Kosturi's 911 recording.
"It's clear that Kevin is hysterical trying to save Angel. Crying," Dawkins said.
Dawkins told the jury this is not a murder
case, and his client shot Freeman by accident.
"He is responsible for the love of his life being dead by his finger slipping on that trigger," he said.
But Dixon countered saying the bulls-eye shot to Freeman's chest was intentional.
"It's not an accident. It's not involuntary. It's murder," he said.
could face life in prison without parole if convicted.
The jury has the case and will resume deliberating Friday morning.