Brenndan M. Pietlukiewicz, 21, of Waterloo, traded his county-issued incarceration garb for more traditional clothing on Tuesday as he faced a jury trial for charges related to a shooting in early November at RMC Cinemas in Waterloo.

Pietlukiewicz is alleged to have injured Kyle Johnson of Waterloo by discharging a firearm from a parked vehicle in the theater parking lot on Nov. 5 just after 7:15 p.m. 

Johnson suffered non-life threatening injuries when the bullet fired by Pietlukiewicz struck him in the leg. 

Pietlukiewicz was charged on Nov. 7 with aggravated battery/discharge of a firearm, a Class X felony, and aggravated discharge of a firearm (occupied vehicle), a Class 1 felony. 

Earlier this month, an obstruction of justice charge was added, alleging Pietlukiewicz intentionally deleted text messages sent from his phone to Johnson in an attempt to conceal any potentially incriminating evidence. 

Last Thursday, a fourth charge was added that alleged Pietlukeiwicz knowingly carried an uncased and loaded Glock 20 10 mm handgun in a vehicle without having been issued a concealed carry permit.

The latest charge – aggravated unlawful use of a weapon – and the obstruction charge are both Class 4 felonies.

Pietlukiewicz entered pleas of not guilty to all charges, with Bas indicating his intent to argue self defense on all counts.

During a pre-trial hearing Jan. 9, Pietlukiewicz  was reported to have refused a plea deal that offered “significant concessions” according to Webb.

Monroe County Resident Circuit Judge Chris Hitzemann allowed a sealed copy of the agreement to be entered into evidence.

An additional pre-trial motion hearing was set for Jan. 28 when it was learned that defense attorney Robert Bas had not been able to access much of the “discovery,” a collection of evidence entered into the record that can potentially be used during the trial.

With everything apparently in order as of last week, the trial was set to begin Feb. 2

On Monday, none of the nearly 50 potential jurors had been excused prior to a recess for lunch, although 12 jurors and several alternates were decided that afternoon, allowing the actual trial to begin Tuesday morning.

When the trial began at 9 a.m., eight women and four men took their seats in the jury box.

Hitzemann began by outlining procedural aspects of the trial for jury members and offering a brief explanation of “biases” before instructing jurors not to speak about any aspects of the trial while it is still ongoing.  

Hitzemann also explained the prosecution carries the “burden” of proving guilt beyond a reasonable doubt, adding the defendant may “rest on the presumption of innocence.” 

Webb then began with his opening statements.

He told jurors the case is “as straightforward as it gets,” later reiterating the jury need only “look at the very simple facts of this case” while deliberating a verdict.

He also refuted claims of self-defense by noting Johnson was unarmed and “didn’t know he was walking into a gun fight.”

Webb then warned jurors that Bas would attempt to “distract from the facts of the case.”

Webb gave a matter-of-fact recounting of the events leading up to the shooting.

He described an altercation in the theater parking lot between Pietlukiewicz and Johnson, with the defendant leaving afterwards.

The two then sent a series of text messages while Pietlukiewicz travelled to his girlfriend’s apartment  to retrieve a firearm, returned to the theater parking lot, informed Johnson he was in the parking lot and waited for Johnson to approach the vehicle.

He then shot Johnson and fled the scene before turning himself in to officers at Waterloo Police Department headquarters a short time later.

Webb suggested jurors may be thinking, “It can’t be that simple, can it?”

According to Webb, the facts of the case are, in fact, very simple, adding there is video evidence to support his claims.

Bas did not dispute Webb’s narrative, admitting  there is “no question that the shooting happened.”

Bas then said the story should lead jurors to have “questions about the whole story.”

He then attempted to create a more colorful description of the events, adding details about the defendant and Johnson being “good friends” until October, when Pietlukiewicz began dating Johnson’s ex-girlfriend.

“This case is about why,” Bas argued, describing his client as being “under attack” from a “relentlessly obsessed” Johnson who wore a “wild animal smirk” before, during and after the first altercation.

Bas concluded his opening statement by reiterating Pietlukiewicz had “no other option” but to shoot, remarking that Johnson is not “a victim just because the state says so,” referring to Webb’s opening statements.

The rest of the proceedings on Tuesday involved testimony of witnesses called on behalf of the prosecution. 

More details of the events surrounding the shooting were revealed, and a video of the incident recorded by Johnson was shown a number of times during several different testimonies.

A theater patron and an employee testified, as did Johnson and Harlie Brigance, Pietlukiewicz’s girlfriend.

Jack Stewart, a friend who was at the movies with Johnson the night of the shooting, also testified.

A text message conversation between the defendant and Johnson sent after the first altercation and before the shooting was read in multiple contexts, and a Waterloo police officer and Monroe County Sheriff’s Department deputy also took the stand. 

The state is expected to call several more witnesses on Wednesday, after which Bas will call witnesses for the defense.

After all testimony is concluded, the respective sides will offer rebuttals followed by closing arguments. 

The jury will then take all evidence into account to deliver a verdict.

While testimony is expected to conclude this week, the trial may continue longer than expected.

The proceedings began smoothly, but the number and length of objections increased as the day continued.

Read more in the Feb. 11 issue of the Republic-Times, and find updates throughout the week at republictimes.net.