Aggravated assault retrial begins

YUMA, Ariz. (KYMA, KECY) - The re-trial of a Somerton man who shot his neighbor leaving him paralyzed from the waist down started Tuesday.

The defense and prosecuting attorneys gave their opening statements in the retrial of 50-year-old Sidney Lee.

His attorney is claiming self-defense under the circumstance, while the prosecution is looking for Lee to be charged with aggravated assault with a deadly weapon.

The jury was presented with home security video showing Lee shooting at the 29-year-old victim three times during a fight this past January in Somerton.

In the video, they also saw the victim punching Lee in the face before he was shot.

“You’ll see the bully walk up to Mr. Lee and sucker punch him senseless, cold-cocked him without warning without provocation,” said Daniel Curiel, Lee's defense attorney.

However, the prosecution argued this was not enough to qualify for self-defense.

“But ladies and gentlemen there are definitions and there are rules for when you are allowed to use a gun to defend yourself and you will see and you will hear that in this case Sydney was not justified,” said Joshua Tesoriero, prosecution attorney.

The prosecution continued their argument on this not being self-defense.

“When the threat is over, the fear of the threat is over there ends any type of justification," said Tesoriero.

The defense, however, said otherwise.

“Now Mr. Lee was still in the zone of danger he was in fear for his life the emotion he was feeling was fear for his life,” said Curiel.

In the first trial, the jury was not able to come to a verdict on whether Lee was guilty of aggravated assault.

This led to the case taking on a new trial, judge, and jury.

The re-trial is expected to last about a week.