Prosecutors show surveillance tape in Berry trial

MOBILE, Ala. (WALA) - The family of Wendy Stevens left the courtroom Monday before surveillance video was shown of Stevens being shot to death.

Mobile police obtained two camera views from the bank where the incident happened. One video was an overhead view of the attack, and second video was from a camera on the ATM itself.

Wendy Stevens was at a drive up ATM in west Mobile with her four children when police said her estranged husband, Michael Berry, drove up to the ATM blocking Stevens' vehicle.

Witnesses testified to seeing Berry jump out of the truck, get his gun, and shoot Stevens through the windshield.

Testimony also revealed Berry fired a couple more shots through the driver's window before he took off in his truck.

One witness broke down on the stand, talking about how the children were screaming after it happened.

Berry watched the surveillance video, looking down only a few times. The defense isn't contesting that Berry committed the murder, but are asking for a lesser charge than capital murder.

Neither the defense nor prosecution was willing to give a formal statement. District Attorney Ashley Rich would only state there was more testimony to come.

Monday, August 20, several crime scene investigators took the stand testifying to searching Barry's car and what he was wearing.

Stevens’ divorce attorney, Mike Murphy, also testified for the prosecution.

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Murphy testified that Stevens "basically wanted a divorce." He continued to testify she said she would give Berry visitation of the children if he paid support. Murphy said that's all she wanted but Berry wouldn't agree.

Murphy testified Stevens had a protective order against Berry but he continued to call and stop by the house. A Gulf Shores police officer said in court Berry was arrested for violating the order.

Murphy said he was preparing to go to court in their divorce case when he found out Stevens was dead.

The jury has already heard from Stevens’ oldest son, an EMT that just happen to be in the area when the incident happened, the man who was in the vehicle behind Stevens’ at the ATM, and a Mobile Police Homicide Detective, as well as several other witnesses who were near the bank at the time of the shooting.

The prosecution will resume its questioning Tuesday morning.