In his closing arguments Thursday, defense attorney Deonte Thomas tried to pick apart the prosecution's case against 27-year-old Jahaad Marshall.
Marshall is charged in similar robberies going back to December 2012. One robbery at a home in Raleigh's historic Oakwood neighborhood January 7, 2013 left a man paralyzed.
Prosecutors say the 27-year-old and his brother Shabar - who was 16 at the time - broke into Jason Beyer's home and woke him and his wife. They allegedly stole valuables from the home and shot Beyer in the back when he fought them to prevent a sexual assault on his wife.
Thomas told jurors Thursday that the prosecution failed to prove Jahaad was in the home. There were no fingerprints, and witnesses described a man with a high voice. Jahaad testified in his own defense Wednesday, and Thomas said he obviously doesn't have a high voice.
The two brothers are being tried separately. Shabar Marshall has already admitted to 15 total charges including first-degree sex offense and attempted murder in the incident at the Beyer's home. He remains charged in the other home invasions.
Thomas told jurors Thursday that Jahaad shouldn't be punished for something his brother did. In his testimony, Jahaar blamed the shooting on a friend he knew as "BJ" or "Brian" - who he said did the robbery with his brother. He did admit to driving the getaway car.
In his closing argument, prosecutor Boz Zellinger told jurors it's impossible to calculate the enormity of the cost of the brother's alleged crimes to their victims.
"Jason Beyer gave up his legs to save his wife," said Zellinger.
Zellinger also spoke of the fear the other victims now have in their homes at night.
"All those things were caused by Jahaad," Zellinger offered.
He also mocked the idea that a mysterious third person was involved.
"If only BJ was a real person," said Zellinger.
Jahaad Marshall is charged with one count of first-degree burglary, two counts of first-degree kidnapping, one count of attempted murder, one count of attempted first-degree rape and one count of possession of a firearm by a convicted felon.