ST. CLOUD -- The murder trial of a Walker man who is accused of shooting and killing his lover's husband in Rockville is in the hands of a judge.

30-year-old Marcus Barshaw took to the witness stand Monday to describe his version of what happened the night of October 20th, 2012 and in the early morning hours of October 21st.

Barshaw testified that he didn't remember anything after a fight with a friend in the town of Walker after getting off work October 20th. Barshaw said he had been drinking prior to the fight and continued drinking afterward and ultimately blacked out.

Barshaw said he woke up in the woods and recognized he was in Rockville near a river but didn't know how he got there.  He went to a nearby apartment building laundry room to get warm and fell back asleep.  Mandy Schutz testified she drove to Walker the night of October 20th and brought Barshaw back to Rockville because he said he needed help and wanted to get out of town.

Barshaw said he awoke to a tenant of that building yelling in his ear that police were looking for him and he needed to take his guns and leave. Barshaw said he pointed his handgun at the man and told him to leave him alone. Barshaw said he then went outside where he saw man dressed in camouflage from head-to-toe. He said the man never said a word and looked like a hunter but acted like a burglar. That man turned out to be a Stearns County Sheriff's deputy who was a member of the Special Emergency Response Team.

The deputy shot Barshaw after the Walker man allegedly raised a gun toward the officer. But, Barshaw said he threw his guns into the grass and when he turned to walk away was shot.

When Barshaw realized it was the police who shot him, he said they dragged him to where the guns were located.  Police have a different version of what happened.  They say Barshaw was shot leaving the apartment entryway because he had guns drawn toward officers.

Barshaw also denied having a sexual relationship with Mandy Schutz and said he taught her how to shoot guns, even taking her to a gun range a few times.  He said he doesn't know who shot Jeffrey Schutz and indicated it could have been Schutz' wife Mandy.  Mandy Schutz has not been charged in the case.

Barshaw and Jeffrey Schutz were seen having an argument in the early morning hours of October 21st moments before Barshaw allegedly chased Schutz across the yard and shooting at him at least nine times, hitting him six times, killing him. Barshaw was then seen fleeing the area on foot.

In closing arguments, the defense pointed to the possibility of a different perpetrator, including that it could have been Schutz' wife because her DNA was found on the SKS assault rifle which was used in the shooting. They also claimed, a second witness in the case was drunk and had inconsistencies in his story.

Barshaw is charged with first degree premeditated murder, second degree murder, first degree assault and assault by use of deadly force against a police officer.

Barshaw declined to have a trial by jury and instead will let Judge Frederick Grunke decide the case. The judge will issue a ruling within seven days.

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