SIOUX CITY, IA -
Today was the final day in the re-trial of Brad Gregg for the involuntary manslaughter of Joe McDonald in October 2010.
The tension was high in Courtroom 209 as the defense began its second day of testimony.
Dr. Wilson Hayes, an injury biomechanics expert based out of Oregon told the jury Joe McDonald died from the impact of his fall.
"It was in fact, the blow to the right back of his head, striking the concrete sidewalk , that caused both the deep brain injuries, the bleeds to his brain, as well as these small fractures that occurred near the base of his skull," Hayes said.
And even though the impact was what killed McDonald, Hayes testified Gregg's punch knocked McDonald unconscious, causing him to fall straight back without an opportunity to catch himself.
Dr. Hayes was the final witness, which left closing arguments, giving the prosecution and defense a final chance to convince the jury.
The prosecution said it was clear from witness testimony and the evidence that Gregg was guilty of involuntary manslaughter.
"The defendant shoved Mrs. McDonald to the side, and Mr. McDonald stepped in and was clocked twice in the face, fell to the ground, smacked his head on concrete. He died. He died on Oct. 30th 2010 because of what the defendant did," said prosecutor James Loomis.
But the defense said Gregg was simply defending himself, acting instinctively after being threatened and cornered by McDonald.
"When something hard fast is coming at you, you better find a way so you don't get hit yourself. And that's what Mr. Gregg did. It's a very simple thing... all clouded up with all the legal stuff, but that's what it boils down to," said defense attorney Michael Williams.
The jury in Gregg's first trial spent four days trying to come to an agreement, but this jury took just a few hours of deliberation before reaching a verdict: not guilty on both counts: involuntary manslaughter and assault causing serious injury.
After the verdict, neither family wanted to comment. Gregg was released from the Woodbury County Jail this evening.
