Victim takes the stand in aggravated battery trial

The aggravated battery jury trial of Douglas Tibbitts began Monday with testimony from the victim, Aaron Brewer.

Brewer was shot Jan. 30, 2021, by Tibbitts after a night of drinking and the two had a verbal argument. Tibbitts claims the shooting was in self-defense after Brewer attacked him, while Brewer claims there was no physical altercation that led up to the shooting.

Second District Judge Mark Monson is presiding over the case and by noon eight men and five women were seated for the 12 member jury with one alternate.

Nez Perce County Deputy Prosecutor Kali Jo Parker began the state’s case with testimony from Brewer, who recalled the events of the night of the shooting. During his testimony, Brewer gave mostly short answers, his voice was at times shaky and he often looked straight ahead when giving his answers.

At the time of the shooting, he was living with Tibbitts, his cousin, in a trailer in North Lewiston. He and Tibbitts started drinking whiskey and beer. Then they began arguing, Brewer said he couldn’t recall what the argument was about — but he acknowledged they had lots of arguments before and they never got physical.

Brewer said he left the trailer and later got a call from Tibbitts to return. When he walked into the trailer, Tibbitts was sitting in a recliner and had a gun on Brewer. When Tibbitts got closer, Brewer tried to grab the gun, Tibbitts knocked him down and shot him.

“I remember he got closer and closer and then I got shot,” Brewer said. Brewer was shot in the right peck and the bullet exited his back. He testified that after he was shot he rolled over and was kneeling. He was also bleeding and in a lot of pain.

Parker asked Brewer if he said anything to Tibbitts after he was shot.

“I think I said, ‘Mother f-----, you killed me,’ ” he said. Then, addressing the jury, he added, “Pardon my French.”

During cross-examination, defense attorney Lawrence Moran asked Brewer about various events of the evening, to which Brewer responded, “I don’t remember.” Brewer said because of the drinking and the shooting, “there are some things I remember and there are some I don’t. It was very traumatic.”

Moran also questioned why Brewer stayed in the trailer. Brewer said in his testimony that he was by the door, and Moran asked why he didn’t just step outside.

“I had a gun on me — would you?” Brewer responded.

Moran also asked if Brewer hit, choked or lunged at Tibbitts and Brewer answered no.

Moran questioned if the argument Brewer and Tibbitts had on the night of shooting escalated to physical violence. “We were in a verbal argument, yes — but no, I was not physically violent,” he said.

The prosecution and defense also gave opening statements to the jury outlining the case they plan to present. Deputies from the Nez Perce County Sheriff’s Office also testified, including Darin McKenzie and Kasey Nielson. The prosecution will also have testimony from a fireman and Idaho State Patrol officer as it continues its case at 9 a.m. today.

Brewster may be contacted at kbrewster@lmtribune.com and at (208) 848-2297.