Attorney argues that shooting was accidental

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FARGO (AP) - The shooting death of a man here last summer was accidental, says an attorney for the man charged with murder in his friend's death.

Deandre Buchanan is on trial on a charge of Class AA felony murder in the death of Jeremy Cook, 24, of Fargo, last June 17.

Dr. George Mizell, the former state medical examiner, was one of the first witnesses to testify Wednesday in the trial of Buchanan, 23, a former Minnesota State University Moorhead basketball player. Mizell said Cook was killed by a bullet fired from close range that pierced his heart and left lung.

Buchanan's attorney, Steven Light, told jurors that Buchanan will testify the shooting was an accident stemming from an argument after the two began playing dice at Cook's Fargo apartment.

Light said Buchanan will testify that the two often wagered, and that on the morning of the shooting, Cook bet a handgun and became upset when Buchanan took it. Cook tried to get back the gun and "started to go after (Buchanan)," Light said.

The defense attorney said his client would testify that two struggled and the gun went off accidentally when Cook came toward Buchanan.

Assistant Cass County State's Attorney Mark Boening said the shooting was no accident. Boening said Buchanan intentionally pointed the gun at Cook and threatened to shoot him.

"And the gun worked; it fired," Boening said.

Light said Buchanan will admit to saying he was going to shoot Cook, but said, "he didn't say it in a threatening manner."

A Fargo police detective who interviewed Buchanan after his arrest in Moorhead, Minn., testified that Buchanan appeared calm considering the circumstances.

Detective Paul Holte testified that Buchanan initially lied to him about what he had done with the gun used in the shooting, but later admitted lying and said he had thrown it onto a passing train.

Under cross-examination, Holte said Buchanan did not have to tell him where the gun was and agreed that he believed Buchanan was scared during the interview.

If convicted, Buchanan faces a maximum sentence of life in prison without parole.

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