-- >>> inside a holding cell at the cuyahoga county criminal courts building, 18-year-old tony goodwin is about to find out if he will be convicted for murder. goodwin's mother is already grieving for an older son who was murdered. she's hopeful she will not lose tony to life in prison. >> he's a great young man and strong young man. right now he's in a lot of pain and lot of stress and confusion. he's hurting right now about his brother. tomorrow is his birthday, jerry's birthday. >> your son who was murdered? >> yes. >> goodwin's attorneys acknowledge that he shot the boy who was killed by his wounds. the prosecutors would only accept the murder plea. in ohio the murder conviction requires precalculation but intent to murder and defense set out to prove it did not exist. they say two years earlier, when goodwin unexpectedly saw him, he shot him, not to murder but stop him from fleeing. he was struck in the buttock and fell to the ground. despite having a loaded gun, he then only punched grim in the face in order to break his jaw. they can only hope the jury will have understood the i

however, delays almost never occur, when a jury has reached a verdict and that time has come for tony goodwina false hope of freedom. >> goodwin, who was arrested as a juvenile but being tried as an adult, has been incarcerated for the past 18 months while on trial for murder. >> i got to find out what my fate hold. >> if the jury finds him guilty, they must choose between murder or aggravated murder. the latter carries a longer maximum sentence, 33 years to life. >> i'm a little nervous. i came back and -- the other day. >> goodwin testified in court that at age 16, he shot 20-year-old dwayne, who later died from his wound. but his lawyers presented a defense they hope will sway a jury to acquit goodwin. >> i don't know what the verdict going to be. i'm hoping that it's a good one. but if not, i don't know. i can't even tell you what i'll be thinking. >> coming up, a surprising defense strategy that tony goodwin's lawyers hope will get him off and the jury hands down the case. >> we the jury do find the defendant tony goodwin -- theres a guy on the window! do something, dad! aaaah! aaaah! wh