toy. so fact that a gun was used and his client -- luna shot this guy, really shows that was his intent. you remember, intelligent can be formed in -- intent can be formed in an instant. doesn't have to be preplanned. that seems to be what the facts show here. jon: one of his cohorts that night has already pleaded guilty to second-degree murder, brian. can that be used against chancy in his trial? >> no, it can't be used against him in the trial, but i i think what you argue for the 17-year-old here is his age. he is 17 years old. he's still technically a juvenile under the law. and kids will be kids, he's engaging in horseplay. i'm not condoning the horseplay but i think this is a tough one for the jury, jon, because they've got to weigh do i put away a 17-year-old kid for the rest of his life, not giving him a chance to rehabilitate himself -- jon: he pointed a gun at another human being and pulled the trigger for fun, bruin?
jon: let's turn our attention to another story we've covered over the years. testimony's continuing in the murder trial of an oklahoma teenager accused of shooting an australian athlete in the back while he was out jogging. chris lane's family cried as they heard the 911 call describing the last moments of his life. >> is he talking to you right now? >> no, he's just that's all he's doing making a noise. >> is he breathing? is he conscious? is he talking to you? >> he's not conscious. is he still breathing? >> barely. >> bauerly. jon: how do you handle this case? khan city luna is 17 years old, on trial for murder. his defense team says he didn't really mean to kill the guy, he just was having some fun with a gun. is that going to work? >> i don't think so. this sounds like a thrill kill, and the defense has made it not a who dun it, but a what is it. a gun is a lethal weapon, not a