The Waterbury Democrat., 1945-07-03

In his vexation in the cellar, where he went to ask Coscia not to make noise, MT. Cyr may have placed his hand against Coscia, but there was no evidence that anything else happened, the prosecutor stat ed.
 He never would have got up off floor if Cyr had done what he claimed he did-and he would not have been running about the house." Fitzgerald stated.
 Ut was not the impulsive, hot blooded act of a person picking up a weapon aS his assailant," F1tz- gerald stated in referring to the act of getting the gun.
 Formed Intent
 "He decided he was going to make this man pay for the affront against him, and he formed an intent be- fore he left the cellar to kill this man."
 He went upstairs to get that gun to shoot Cyr because he hated him and to revenge the grievance from the incident in the cellar"
 Then the prosecutor added, His every act, and every word reflect and powerfully prove the formation, retention, and finally the fulfill ment of an intent to kill this man Cyr."
 Fitzgerald pointed out that when Coscia went to the closet of his sec ond floor home, he selected the better of two guns and the one that would make the biggest wound.
 Pointing out that Coscia ran downstairs shouting T am going to shoot you," Fitzgerald commented, this is the man who went down. stairs to reason, who didn't intend to do anything, who brought the gun down fof personal defense"
 Fitzgerald then stepped to the center of the courtroom and illus trated how Coscia held the gun against the Cyr kitchen door.
 That was slaughter" he stated He levels the gun, takes careful aim at that bare chest, and he fires through his heart, and he smashes it to pieces with that shot"
 Fitzgerald then referred to a demonstration given by Mrs. Cyr in the courtroom yesterday, and polnt- ed to her testimony that the gun was l9 inches above the center cross-panel when it was fired. me medical examiner testified the wound was 51 inches up on Cyr's body, and the point to which Mrs. Cyr pointed was 51 inches from the flcor, Fitzgerald stated. He point ed out Mrs. Cyr's demonstration yesterday came without expectation and commented, "the truth has a way of emerging in the' most im- perceivable ways"
 Fitzgerald also referred to i demonstration made by Coscia who tried to fit the gun through small broken panel of the door. AS you plainly saw neither he nor any hu- man being who lives could put the gun through the door in that 1aSn- ion." he remarked.
 There was abundant time" foi Coscia to form a wilful, deliberate intent to kill, the states attorney commented, in describing the act.
 Attorney Feeley in the first oi the two closing arguments described Coscia as a rd-workingman who was always trying to improve his home, and frequently worked in the cellar. The troubles that arose be- tween him and Cyr worked up fear in Coscia's mind, he commented.
 Coscia was afraid of his life when he saw Cyr in the hall follow ing an encounter in the cellar on the morning of the shooting, Feeley stated.
 The defense attorney pointed to the medical examiners testimony that the wound in Cyr's chest was slightly downward, and commented that it would have been impossible for Cyr to have sustained such a wound if he were in the standing position the state claims he was in,
 Cyr had been crouching against the door and trying to grab the gun from Coscia. when the shot was fired, Feeley stated.
 The defense attorney also referred to the blood-stains on two large portions of the door, and stated those stains would not have been there if the panels had been broken from the door as the state claimed.
 If the panels were in the door Coscia could not have aimed at Cyr and at his heart. as the state claimed. Feeley declared.
 Feeley referred to testimony by Coscia that he had lost his control that only his legs held him up. and that he was full of fear, and rage. when he stood before the Cyr kitch- en door.
 Atty. Feeley declared in conclusion that some of the claims made by the state were physical irnp0ssi- bility." He charged that the state