Late this morning, a jury began deliberating the fate of Franklin Stumhofer Jr., 40, charged with the fatal shooting of his father, Franklin Stumhofer Sr., 61, of 6 Log Lane, West Penn Township, last Sept. 7. Testimony was completed Tuesday afternoon with the defendant taking the stand to testify in his own defense.

Stumhofer testified he does not recollect the shooting of his father. Testimony from witnesses said he fired six shots from a 45 caliber pistol into the metal door of the family home after the father slammed it shut in his face. The autopsy report showed four of the six shots struck the father; two were fatal and he died within minutes.The son claimed for several days leading up to the shooting, which occurred around 1:30 p.m., he was in a zombielike state of mind and could not recall what happened. He claimed four days after the shooting, when he awoke, he found himself in prison. He said he knew something happened because he was in prison and only learned about the shooting after a prison guard handed him a newspaper which recounted the slaying.Neighbors of the father testified that they saw the defendant arrive in a dark-colored Sport Utility Vehicle (SUV) and go to the door. They heard a conversation followed by six rapid shots and saw the defendant return to his vehicle and drive away.Stumhofer blamed his state of mind from overusing prescribed medication. He testified he was in a terrible motorcycle accident in 2009 and his right leg was crushed. He spent many days in a hospital recuperating from the accident and has been on medication since the accident. He claimed he has taken all types of pain killers and that he became depressed. He said he even sat at home pointing a gun at his head.He also did not remember a second shooting incident which occurred a short time after the shooting in West Penn Township. It took place in Hamburg, Berks County.There was testimony that he was driving up a mountain road outside of Hamburg to the home of a brother-in-law, Larry Miller. When Miller came home from work he saw a vehicle several hundred yards from the home coming down the driveway, but could not see into the vehicle. He said he followed it, came upon the vehicle parked off the road on Port Clinton Street in Hamburg, and when he stopped, three shots were fired. striking his truck but not injuring him or his two passengers.Stumhofer testified he has no recollection of going to Miller's home, whom he had not seen in seven or eight years, or of the shooting that followed. He also does not remember driving to the Hamburg state police barracks and surrendering.Police described his demeanor as distraught but he didn't appear depressed. Stumhofer also did not remember giving police a statement in which he admitted shooting his father and firing shots into Miller's pickup truck.Trooper Ray Eiler testified of taking a statement at the barracks and Stumhofer told him he went to his father's home to get money, and they got into an argument and the father slammed the door on him and that he fired shots at the door.Stumhofer placed the blame for his actions that September day on overuse of prescribed medications which caused him to black out. He claimed his life was in a shambles, he had exhausted all of his savings to deal with his physical problems, and had difficulty walking and even breathing.He claimed the days surrounding the shootings were all a blur, and that he had a complete breakdown and suffered from deep depression.He did not deny the shooting, but there never was intent to harm anyone.Prosecution restsThe prosecution completed presenting its case late Tuesday morning with a pathologist and state troopers offering testimony.Dr. Richard D. Bindie, pathologist, who performed the autopsy, testified the senior Stumhofer was struck with four bullets and two were fatal. The bullet which entered his neck went downward and perforated his airway, and the bullet that entered the middle of his back damaged the liver. These were the fatal shots.Two other shots struck the victim; one grazed his shoulder and the other the side of his head. They caused superficial wounds.Dr. Bindie testified death was by homicide from bullet wounds.Trooper Richard Wesner, crime scene investigator, testified six holes were made in the metal door at the Stumhofer residence. The bullet holes were located from the middle of the door upward and were in a close range. Six spent shells were found on the front porch.Bid for acquittalDefense attorney, Robert J. Kirwan II, dropped a bombshell after the commonwealth rested its case.He moved for acquittal on grounds that the Schuylkill County District Attorney's Office did not have any permission in writing to try the portion of the case which occurred in Hamburg, Berks County. Kirwan claimed they exceeded their authority. He also claimed the shooting in West Penn Township has no relation to the shooting in Berks County, although it was the same defendant.Assistant District Attorneys Thomas Campbell Jr. and William C. Reiley argued that they had received verbal approval from Berks County to proceed. President Judge William Baldwin claimed he needed more proof and adjourned late Tuesday morning to give them time to come up with more clarification.Court resumed at 12:30 p.m. and Judge James P. Goodman was summoned from another courtroom to testify. Goodman was the district attorney at the time of the shooting.Goodman testified that he didn't have anything in writing but he and District Attorney John Adams of Berks County, had several telephone conversations and possibly emails. They agreed the case should be tried in Schuylkill County because the more serious damage occurred in that county.Baldwin dismissed Kirwan's motion ruling, although there clearly was a violation of the rules because an agreement is required to be in writing. He could not find how the defense was prejudiced in preparing its defense.