Malone trial latest

A jury is still deciding the fate of two brothers from Grimsby charged with the first degree murder of Lou Malone, a Hamilton man who was once a member of the Hells Angels.

Their choices are to find Mike and/or John Josipovic not guilty, guilty as charged, of first degree murder, or the jury can find either or both men guilty of manslaughter or second degree murder, if they find there isn’t the planning and deliberation required for first degree murder.

Mike Josipovic says he is innocent. He was beaten up by Lou Malone earlier that night and says until then, he didn’t know anything about Lou Malone threatening or extorting his older brother John. When John picked him up at 7-11 after the beating, he says he didn’t see the shotgun under the seat, and he says he played no part in helping kill Lou Malone.

His brother John says he spent more than a week terrorized by Lou Malone, who threatened his family. John said he saw malone and his tough friends drive by the rural homes he and Mike own beside each other in Grimsby, and he told his wife and daughter to stay away from the windows. He didn’t sleep all week and says he thought Malone was escalating the threat when he beat up brother Mike.

John says he had no option but to kill Malone, defend his family against a monster and end the campaign of terror. He says he shot Malone out of self defense.

Prosecutors say the brothers were working together and had a plan to kill Lou Malone. They were caught on camera and seen and heard by witnesses as they chased Malone around the Kenilworth and Brittania area after 1 a.m. Johns truck seconds behind Malone who was running with his dogs. They say the brothers are lying, that they did have a common plan and goal.

They came to the scene with a loaded weapon, and afterwards, they got rid of evidence, just as you would expect murderers to do.

The jury can take as long as they need. They are sequestered now.