HILLSBORO, Ore. (KOIN) – A judge will have to determine if the shooting death of a man in late January 2015 was self-defense or murder.
Orlando Lee Pouncey is charged with one count each of murder, unlawful use of a weapon and being a felon in possession of a firearm.
His trial will start Tuesday in Washington County. Pouncey has waived his right to a jury trial, which means that the evidence will be presented to the judge who will make the determination on guilt or innocence.
Jerry Duy Nguyen, 36, was shot three times outside the home of his ex-wife at the Canterbury Heights Condominiums, located 10790 Southwest Canterbury Lane, according to police. There was an argument that ended with shots being fired.
The shooting was witnessed by several bystanders, including the victim’s ex-wife. Police say Nguyen and Pouncey were acquaintances.
Pouncey was arrested in mid-February in Spanaway, WA by members of the U.S. Marshals Pacific Northwest Violent Offender Task Force and the Pierce County Sheriff’s Office.
The defense team is preparing for a self-defense theory, alleging that Nguyen may have had a violent past.
In court documents, prosecutors contend that Nguyen was unarmed at the time of the shooting.
“The primary issue in this case is whether the defendant reasonably believed that his use of deadly force was necessary and whether that belief was objectively reasonable,” prosecutors wrote in court documents.
Opening statements are scheduled to start at 9 a.m. in Hillsboro.