Ronald Wasser had the opportunity and the motive to try to kill his estranged wife with a shotgun, the Crown argued during closing arguments on Tuesday.
Wasser, 48, of Riverview, is on trial for attempted murder in the shooting of Norma Wasser, 49, on May 29, 2013.
He is also charged with discharging a firearm at Norma Wasser with the intent to wound or endanger her life, assault with a weapon, assault causing bodily harm, aggravated assault, and possession of a weapon for a dangerous purpose.
The couple was in the midst of divorce proceedings at the time, and Ronald Wasser had been ordered by the courts to move out of their Kerry Court home by the day of the shooting, the Moncton Court of Queen's Bench has heard.
Crown prosecutor Jessica Lavoie contends Wasser wanted to commit suicide, but wasn't going to die alone.
Norma Wasser was shot in her left arm at 5:39 a.m. while she slept in her basement bedroom, the jury has heard. The shot broke her arm in two places and broke an artery, she testified earlier in the trial.
Emergency responders testified they found Ronald Wasser upstairs in his bedroom and he was rushed to hospital for a suspected overdose.
But defence lawyer Scott Fowler argued Tuesday the evidence one would expect to see in such a case has not been presented.
There was no gun residue or gunpowder found on Wasser's hands or clothes, and no fingerprints or DNA found on the shotgun, he said.
The Crown has not proven the case beyond a reasonable doubt and Wasser is entitled to a verdict of not guilty, Fowler said.
Justice Jean-Paul Ouellette is expected to instruct the jury on Wednesday and then the six men and six women will begin deliberations.