CHARLOTTE, N.C. -- A Mecklenburg county jury is deliberating the fate of a man accused of shooting and killing a toddler in East Charlotte.
Ellis Royster was the last witness called by his defense attorney Richard Tomberlin. He told jurors that when shots rang out outside his house on Eastbrook Road, he was inside his house.
"I came to the door and saw my auntie and my baby momma, and they were upset," he said as he sat in the witness chair, "I looked down and saw the baby and it was bleeding." he said.
But under cross examination, Royster seemed to forget what he told officers right after 2-year-old Amias Robinson was wounded when 11 shots from a .9mm littered the street in front of Royster's house.
Tomberlin pointed to inconsistencies in the witness testimony made right after the shooting that led to the arrest of another man Alvin Alexander.
During his close Tomberlin said that Alexander was jailed for two months as the prime suspect and there was no new evidence to suggest he still was not the shooter.
Assistant District Attorney, Jan Ashendorf told jurors while there was no murder weapon found, every witness told police and later testified in court that Royster was outside at the time of the shooting.
"...and that was his big mistake... if he could change that statement he would," she said "’Cause he was the only person who said that he was outside."
Court will resume Wednesday morning at 9:30.