David F. Waggoner pictured Tuesday in court. P-J photo by Jordan W. Patterson

MAYVILLE — Two eyewitnesses in the second-degree murder trial of David F. Waggoner testified in Chautauqua County Court on Tuesday.

Waggoner, 54, is accused of shooting William J. Michishima, 30, in front of 114 Livingston Ave. in Jamestown on July 24, 2018. Michishima was taken to an Erie, Pa., hospital where he died the following day.

Chautauqua County District Attorney Patrick Swanson is handling the prosecution of the case, which is taking place in front of County Court Judge David Foley.

Waggoner is represented by Chautauqua County Public Defender Ned Barone who maintained that Waggoner’s actions were in response to Michishima’s aggression.

Daryl Ferraro and Tod Ness both took the stand in the Tuesday morning session of the trial to recount what they observed on July 24 when they stopped at the intersection of Livingston Avenue and Hallock Street. The two were driving toward the village of Lakewood when they saw two individuals arguing, pushing and punching each other in the middle of the street. Both witnesses said they watched Waggoner, who they both identified in the courtroom, raise his right hand and shoot another individual.

“I saw the gentlemen (identified as Waggoner) pull the gun. I heard a pop and the other man fell,” Ness said on the stand.

Earlier, Sheriff’s Office Investigator Floyd Kent, former member of the Jamestown Police Department, testified as well. After the events of July 24, Kent test fired the confiscated weapons found on Bailey Street believed to be Waggoner’s firearms. Test firing the weapons is standard JPD procedure. One weapon discovered, the .22 caliber revolver, was determined to be operable while the another was not. Based on Kent’s testimony, Foley allowed the .22 caliber weapon to be entered into evidence.

Court broke for recess and will resume at 1:45 p.m.