Damien Brave’s fatal shooting at a house party last year was an attempt to steal $40 worth of marijuana from him, according to the prosecution at Kashuan McCree’s trial.

According to defense lawyers, the case was deliberate.

Deputy Lancaster County Prosecutor Ashley Bohnet said in her closing argument on Tuesday that chaos broke out after the first shooting on the night of March 31, 2023, and the teens began running from the home on North 27th Street at Fair streets, just down the street from a police station.

“Kashuan shoots Damien,” he said. “An altercation occurred in which Damien attempted to push the firearm as Kashuan McCree continued to fire at Damien Brave.”

He said the 18-year-old, who had been shot three times, was found crawling on the ground, covered in blood, and was carried to a car that took him to the hospital.

But by then it was too late.

He had lost too much blood.

About a week later McCree Caught in Detroit.

On Tuesday, after more than a week of testimony, Bohnet acknowledged that jurors may have thought he was killed in a sudden fight rather than first-degree murder because the incident happened so quickly.

But he said a sudden argument is something that happens to you, not a situation you created. The prosecutor said it was a fight started by McCree because he felt he had a right to another person’s property.

“To be clear, this was not a fight started by Damien. It was not a fight sustained by Damien. And Damien Brave did nothing to provoke Kashuan McCree. This was a one-sided fight that resulted in Damien Brave’s death.” in question.

Bohnet said McCree, who goes by the name Menace on social media, threatened to kill Brave over weed, had previously taken photos of him with firearms, and was not afraid of violence.

“This was not a crime of passion. This was a cold-blooded murder by Kashuan McCree,” he said. “McCree used violence against unarmed Damien Brave without any provocation.”

On the other hand, McCree’s attorney, Tim Sullivan, said McCree, as the state describes him, walked up to Brave, said he was going to shoot him, and then shot him.

“We all know it’s not that simple. It’s not by a long shot,” he told the jury.

He said that there were conflicting statements from eyewitnesses at the party at the hearing. Most of them described the argument that first broke out between the two, the gun being drawn and the fight.

“Then unfortunately Mr. Brave was shot and later died from his injuries,” Sullivan said.

He said there were different versions among the 10 witnesses about how it happened.

One described what escalated into a physical altercation over Brave’s backpack, in which McCree shot between Brave’s feet, then the two wrestled for the gun and fired a second and third shot.

Another described Cesur lunging at McCree and the gun before the shooting.

“Ultimately, I don’t think we can say beyond a reasonable doubt that we know exactly what happened,” Sullivan said.

In the case where jurors must consider whether first-degree murder or felony murder (a killing that occurs during the commission of the crime) before deciding on second-degree murder or manslaughter, the defense attorney told jurors he did not think so. They receive higher penalties for murder.

He asked if Brave could have caused the gun to go off as he tried to pull the gun from McCree’s hand.

“Was this just a big accident?” Sullivan posed by saying that the jury must eventually return a verdict of not guilty.

In his rebuttal, Bohnet countered that Sullivan started backwards. The jury would have to start with first-degree murder and felony murder before considering lesser charges.

And McCree was heard demanding that Brave hand over his backpack before pulling the gun and struggling.

And he pointed to McCree’s own words to Lincoln police and others. He eventually admitted to shooting Brave and never said the gun went off accidentally.

“He fought with him, shot him and killed him,” Bohnet said, asking jurors to hold the 19-year-old responsible for Brave’s senseless murder.

The jury began deliberating shortly before noon Tuesday.