SEMINOLE COUNTY, Fla. — The third man accused in the murder of a Lake Brantley High School football player cried on the witness stand Thursday.
Bryan Harvey broke down on the stand and said he was Mitchell Weiner's friend, not his killer. He claims he never knew the other men in the car had a gun and never knew they were planning a robbery.
Harvey wiped the tears from his eyes as he took the stand in his defense. He is on trial for murder in the death of Lake Brantley High School football player Mitchell Weiner.
"How long had you known Mitchell Weiner?" an attorney asked Harvey. "Can you tell the members of the jury?"
"Since the 8th grade," he replied.
Harvey swore the two were friends and admitted he set up a deal for Weiner to buy $650 worth of marijuana from Harvey's co-defendants, triggerman Stephen Johnson and car driver Reuben Senior.
"Any discussion at that house, your house, about robbing, ripping off or doing a lick on Mitch?" the attorney asked.
"No sir," Harvey replied.
Harvey claims he didn't know Johnson, nicknamed "Murda," had a gun. Harvey claims he first found out while they were in the car to buy the drugs. He heard the gunshot from the back seat and saw Weiner slumped over, bleeding.
Jurors heard the explanation in the police interrogation.
"He pulled out gun and…" Harvey said in the interrogation.
"Bam," a detective said.
"Bam," Harvey stated.
They then dumped Weiner's body out of the car.
Prosecutors said Harvey knew about the planned robbery, because Johnson asked him about taking Weiner's money. They said he knew the drug deal was illegal and that ended up getting Weiner killed.
Harvey was convicted in 2008, but was granted a re-trial because of problems with jury instructions. Closing arguments are set for Friday morning and then it will go to the jury.
WFTV
