The double murder trial of Kenyatta Austin is now in the hands of a judge.
Both the defense and the prosecution finished their closing arguments Friday.
Prior to closing arguments, Judge Kenneth Case denied a request from the defense to dismiss the case and drop the charges against Austin, based on what attorneys called a lack of evidence.
Defense attorneys continued to pursue that theme throughout their entire closing argument, and worked to discredit much of the witness testimony.
In his summation of the last several days, Defense Attorney James Auricchio told Judge Case the prosecution has not proven its case beyond a reasonable doubt, and called it full of insufficient and circumstantial evidence.
He reiterated a number of examples including the lack of fired shell casings consistent with the SKS rifle prosecutors say Austin used, the lack of witnesses who saw Austin pull the trigger, and the lack of forensic and ballistic evidence.
Prosecutor Coleen Curtin Gable painted a much different picture of what happened during the trial.
She told the judge in her closing, Austin is responsible for the utter devastation on Grape Street in the early morning of July 2, 2018 when he and others allegedly unloaded multiple firearms wounding two, and killing 17 month-old Kyrie Johnson and his 54 year-old grandmother, Yvette Johnson.
While she admitted no one saw Austin do it, she told the judge there is plenty of electronic cell phone and E-ZPass records, ballistic and scientific evidence, as well as Austin's own statement to police linking him to the shooting.
"We have a lot of inconsistent, contradictory information that points in a lot of different directions. You could selectively choose items from that field of evidence and claim that my client is guilty, but you could also take those very same pieces and make an innocent explanation," said Auricchio.
"The judge will then, has already indicated he's going to reserve decision, which most judges do on bench trials. They don't make a decision right away," said John Flynn, (D) Erie County district attorney.
Judge Case is tentatively scheduled to deliver his verdict on Wednesday.