The Newark man charged with fatally shooting a 12-year-old Jersey City boy during a robbery in 2013 will testify on his own behalf this afternoon.
JERSEY CITY -- The Newark man accused of fatally shooting a 12-year-old Jersey City boy during a botched robbery in 2013 will testify on his own behalf this afternoon.
"It is more than extremely likely" defense attorney Keith Hirschorn said when asked if he client, Farrarhd H. Gunter, 36, of Newark, will testify. Gunter is charged with murdering Gywan Levine Jr., 12, and wounding his father, Gywan Levine Sr., on May 17, 2013, on Rutgers Avenue between Wade Street and Stevens Avenue.
When Gunter takes the stand, it will allow the prosecution to tell jurors about his 10 prior convictions. Hudson County Assistant Prosecutor Leo Rinaldi, who is handling the case, is also expected to bring up the fact that Gunter is currently on probation for a 2014 weapons offense.
Gunter's other convictions include drug possession within 1,000 feet of school property, two counts of receiving stolen property, two counts of possession with intent to distribute and three counts of drug possession.
After the state rested at 12:16 p.m. today, Hirschorn moved to dismiss the charges against Gunter, arguing that the state had not provided sufficient evidence to prove any of the counts beyond a reasonable doubt. Hudson County Superior Court Judge John Young denied the motion.
Hirschorn said he may also call two police officers this afternoon when he presents his defense case.
Prosecutors say that on the night Gywan Jr. was killed and his father was wounded, Gunter, Janice S. Everett, 28, of Rahway, and Shawn Harris, 36, of Irvington, had driven to Jersey City to commit robberies.
Harris and Everett were also charged in the homicide, but they pleaded guilty to lesser charges. Yesterday, Everett testified that Gunter said "I shot him. They wouldn't give it up," and then the following day Gunter said in a phone conversation "I shot a boy."
It is believed that Gunter was expressing surprise because Gywan Jr., although just 12, was 5-foot-7 and 215 pounds and was possibly mistaken for being older.