FORT WAYNE – After a night of drinking with his friends last April, Aung Win stabbed one of them in the back after an argument. Within hours, Aung Win was dead, his head battered with a wooden pestle.

His death was declared a homicide.

Fort Wayne police and Allen County prosecutors believe Aung Win, 43, was killed by Nyunt Shwe, 47. On Tuesday, Nyunt Shwe faced the first day of his trial on charges of aggravated battery, battery committed with a deadly weapon, reckless homicide and involuntary manslaughter.

But Nyunt Shwe?s defense attorney is arguing that it wasn?t Nyunt Shwe who dealt the fatal blows but rather the stabbing victim – Thein Oo, who has not been charged.

On April 8, police were called to a southeast-side apartment complex on Fayette Drive, home to a number of Burmese and Laotian residents.

Inside the apartment, they found Aung Win?s body. Burmese residents gathered nearby presented Nyunt Shwe and Thein Oo to police as men who may have known what happened inside the apartment, according to testimony.

Thein Oo had been stabbed in the upper back, according to court documents.

Police took Nyunt Shwe to the police station and Thein Oo went to the hospital. According to court documents, Thein Oo told police that Nyunt Shwe killed Aung Win, a Burmese man who had taught refugees at a camp in Thailand.

Tuesday?s testimony came largely from Burmese residents living in the apartment complex – friends and family of the three men. None spoke English well, nor does Nyunt Shwe, so a team of translators was on hand – translating witness testimony for the jurors, questions for the witnesses and the entire proceedings for Nyunt Shwe.

One of the men drinking with Nyunt Shwe that night was Pyone Cho, who lived next door to Nyunt Shwe and Thein Oo and testified he took Thein Oo to a drugstore to buy some medicine to treat his stab wound the next morning.

Pyone Cho said he went to the apartment to pick up Thein Oo and his cigarette lighter and saw Aung Win, covered with a blanket and appearing to be asleep in the corner.

Next to him sat Nyunt Shwe and Thein Oo.

Pyone Cho said Aung Win was obviously stiff and cold and he asked the men what happened.

?I said, ?Hey guys, what did you do to the stiff man, here lying,? ? Pyone Cho said through an interpreter.

Nyunt Shwe and Thein Oo did not answer and instead ran off, Pyone Cho testified.

Pyone Cho then went to find someone to call the police, stopping another man, Soe Naing, to ask for help. Soe Naing testified he drove by the apartments, saw all the doors open and went to Aung Win?s apartment to tell his family something happened.

Soe Naing found Aung Win?s 15-year-old son and told him.

?I told him, ?My son, somebody killed your dad,? ? Soe Naing testified through a translator.

The teen ran over to the apartment with his father?s girlfriend and her daughter. They found Aung Win dead inside and the daughter called police, according to testimony.

Adam Mildred, Allen County deputy prosecutor, told the jury during opening arguments that Nyunt Shwe implicated himself in Aung Win?s death with the statements he gave to police.

But Quinton Ellis, Nyunt Shwe?s court-appointed attorney, said Nyunt Shwe did not understand all that was going on in the interview, despite the presence of a translator.

?Is he telling what happened? Or agreeing to what was offered to him?? Ellis asked during his opening statement.

And, Ellis said, a woman inside the apartment complex was told by Thein Oo on April 8 that he had just killed someone.

The trial is expected to continue until Thursday.

rgreen@jg.net