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Clair guilty of first-degree murder PDF Print E-mail
Police News
Thursday, 25 October 2012 18:45
By Fallan Patterson
Staff Writer

A jury late Thursday found Jason Clair guilty of premeditated murder in the shooting deaths of two brothers outside a St. Cloud bar in June 2011.

Clair, 30, will spend the rest of his life in prison on two counts of first-degree murder for the deaths of James “J.J.” Kun, Jr., 23, and Joel Kun, 21, on June 28, 2011, and aggravated assault for pointing the gun at their mother, April Boggs, and threatening to shoot her, too.

Jurors took several hours to decide whether they believed Clair’s version of events or the evidence and testimony presented by the prosecution from Len’z Dug-Out Pub off 13th Street.

Jurors rejected Clair’s claim that he acted in self-defense when he shot and killed the brothers after they and at least two other unnamed men punched and kicked him in the face.

Clair’s injuries are evident by his first mug shot where he is nearly unrecognizable with a fat lip and swollen, bloody eyes.

Clair testified late Wednesday he couldn’t leave the bar because he lost his truck keys in the fight, so he grabbed his .40 caliber Glock handgun from the center console, where he said he always kept it, and put it in his waistband.

“I didn’t think anyone would jump me again if I had a gun,” he said.

Clair testified that although he couldn’t see well, he shot toward the people he thought would attack him again.

“I couldn’t see. It was a blur,” he said. “I just kept on pulling the trigger. I shot in one direction where I thought they were coming after me.”

Assistant State Attorney Bradford Fisher scoffed during his closing arguments Thursday at the notion Clair was too blind to see and managed to shoot only the brothers despite the large crowd standing around them.

He said if Clair were truly blind, how was he able to see the pocketknife he claimed one of the brothers had, or empty his entire gun into the brothers.

“He hit the victims successfully and nobody else,” Fisher said. “He shot them on purpose. He was going to show them who was boss and no one was going to mess with him.”

Clair disputed several other witnesses who claimed he shot the brothers as they lay defenseless in the handicap parking space outside the bar.

“I didn’t shoot them while they were on the ground,” Clair said. “I couldn’t see. I just pulled the trigger as fast as I could. It (the gun) could have went down, in the down position.”

Fisher presented photographs that show how bullets ricocheted off the concrete and handicap symbol painted in the parking spot where the shootings took place.

“If somebody is laying on the ground bleeding to death, it can’t be self-defense,” Fisher said.

Clair’s recollection clashed with witnesses who testified he shot the brothers when they had their backs turned, continuing to shoot the brothers after they fell to the ground until the gun was empty.

Orange Osceola Deputy Chief Medical Examiner Gary Utz described the gunshots sustained by the brothers. He testified J.J. Kun was shot 10 times, including four shots to the back and side as he attempted to turn away from Clair, and died in the parking lot due to torso wounds.

Joel Kun was shot six times, including being struck by two bullets that passed through his brother before hitting him, Utz said, adding the brothers were shot from a distance of three to six feet, depending on the wound.

Joel Kun died shortly after being transported to the hospital, from a shot to the head.

Defense attorney Gerrod Hooper during his closing arguments attempted to cast reasonable doubt on the prosecution’s evidence and testimony, suggesting Boggs twisted the truth on the stand to “avenge her sons” and the witnesses were not to be believed.

“We don’t have a bright, articulate, sober witness,” he said. “We have a bunch of drunks.”

Hooper tried to poke holes in the prosecution’s case by pointing out discrepancies in the witnesses’ testimony including whether Clair had injuries before the shootings or if one of the brothers challenged him to use the gun.

“If you don’t know who to believe or feel that you can’t trust any of them, that’s reasonable doubt,” he told jurors.

 

 

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