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Jury Deliberations Begin In Fitch Trial

MINNEAPOLIS (WCCO) -- After six days of testimony, 50 witnesses and more than 130 pieces of evidence, the fate of Brian Fitch Sr. is now in the hands of a jury in Stearns County Court.

Both the prosecution and defense teams made their closing arguments in the murder trial Monday, and jurors began deliberating just after noon. Fitch is accused of first-degree murder for the July 30, 2014, killing of Mendota Heights officer Scott Patrick.

Eight hours later he got into a shootout with police in St. Paul as they moved into arrest him.

Seven men and five women have had this case since just after noon Monday and are considering nine counts of murder, attempted murder and assault stemming from the death of officer Patrick and the shootout leading up to his arrest.

There wasn't an empty seat in court Monday as family, friends and fellow officers packed into the courtroom. For 90 minutes, prosecutor Phil Prokopowicz closed the state's case, saying they've met their burden of proof. He told them Fitch was wanted on a probation warrant and after showing still images of Officer Patrick's dash camera, said the motive was to avoid apprehension.

"That's why he had to get away and fire that gun out the window, fire it one, two, three times," Prokopowicz said.

Defense attorney Lauri Traub started her closing argument with the audio of Fitch's shootout and eventual capture. Then she told jurors the state's timeline doesn't fit, witnesses didn't give consistent descriptions of the shooter and ballistics testing of the gun is unreliable.

"The state wants you to think Fitch killed Patrick and then spent eight hours making plans to flee, really?" Traub said.

Fitch then made a brief outburst when the state offered rebuttal. As Prokopowicz told jurors the six shots fired by Fitch at arresting officers was meant to take out as many as he could, Fitch shouted out, "overruled." He was shaking his head and appeared agitated.

Most involved in the case are withholding comment until a verdict or sentencing, but Scott Patrick's chief said close of the trial brings some relief.

"I have a ton of faith in the process, both sides did a good job and kept out as much emotion as possible," Mendota Heights Police Chief Mike Aschenbrenner said.

The jury is being sequestered, so if no verdict Monday night they will stay in a hotel and return first thing Tuesday morning.

The jury has a lot of work to do with 130 pieces of evidence admitted and 56 witnesses over six days of testimony. But also they must consider nine separate counts, both the killing of Officer Patrick and the attempted killings of three officers involved in the subsequent shootout.

If convicted, Fitch faces a mandatory life sentence.

WCCO will have extensive coverage of today's jury deliberations. Stay with us on air and online for continuing coverage.

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