MIAMI – (CBS4) – In the first day of testimony against a man accused of shooting a teacher outside the school in an attempted armed robbery case, prosecutors described Patrick Lively as a cold and senseless gunman.
They said on November 6th, 2007, Lively, then a 19-year-old, walked up to the 11th grade algebra teacher, Sergio Miranda and demanded his wallet. Miranda had been outside with a colleague smoking a cigarette on his lunch break.
Miranda tried telling him that he had no money, but Lively ignored his comments and shot him anyway, prosecutors said.
On Wednesday, Miranda entered the courtroom using the help of a walker and testified that Lively shot him. He also told jurors how his ability to walk had been impaired. Miranda said he now drives a retrofitted van that allows him to drive using his hands because his legs often give out.
Lively’s defense attorney Rae Shearn warned jurors to be aware of prosecutors’ witnesses and question their motives. Shearn told jurors they should be open to the possibility that it’s a case of mistaken identity.
Miranda survived, but had to undergo surgery at Jackson Memorial Hospital. More witnesses are expected to testify Thursday.
In an interview a month after the shooting, Miranda told CBS4 News that he feared he was dying.
“I went to show my wallet, I said I don’t have any money and he shoot me, it was so fast,” he said. “I think there’s a God up there and he’s the one to punish, I’m not the one punishing anybody. I’m so glad to be alive.”