JACKSONVILLE, Fla. – The first morning of testimony in the trial of a man accused of killing his ex-girlfriend was disrupted when the victim's brother got up, yelled and charged toward the front of the courtroom.
Justin McMillian is on trial accused of first-degree murder in the death of his ex-girlfriend, Danielle Stubbs, in January 2009.
Recommended Videos
A jury was seated on Monday and following opening statements Tuesday morning, Stubb's mother, Janice, took the stand and began to describe how she found her daughter dead in a pool of blood.
The testimony was apparently too much for the victim's brother to take. He stood up, yelled and began moving toward the front of the courtroom. He was restrained by family members, then police, who led him from the courtroom.
After order was restored to the courtroom, McMillian's attorney requested a mistrial. Judge Laurence Gooding set a 1 p.m. hearing on the motion. Within an hour of the incident, the public defender's office had subpoenaed a copy of the video of the outburst from Channel 4.
After a second outburst later in the afternoon, the judge gave McMillian the option of leaving the courtroom for the remainder of the trial.
"Your honor, I got no problems being here. I'm the one accused of her murder," McMillian told the judge. "At the same time, you've got to understand this is the same jury and they going to find me guilty."
Prosecutors said they have a strong case that McMillian killed Stubbs in her townhouse. Police said they also made a ballistics match between the bullets that killed Stubbs and a gun connected with McMillian.
A witness may be able to place McMillian at Stubbs' home the night she was killed.
Prosecutors plan to seek the death penalty if McMillian is convicted.
Images:Video:Video:
Three days after the slaying, McMillian was under surveillance by a U.S. Marshal's Service task force when he was shot in an exchange of gunfire with officers after a traffic stop. No police officers were wounded and McMillian recovered.
Friends and family of Stubbs said she and McMillian had been dating until she sought to end the relationship. Stubbs was found slain in her townhouse on Pineverde Lane by her brother and parents.
Janice Stubbs has described McMillian as possessive and untrustworthy, although she said her daughter didn't complain of any abuse.