Prosecuting attorney Greg Dickson told jurors in an opening statement the evidence would show Sellers had been asked to leave the alleged victim's property during a party, but returned. A fight ensued and Sellers allegedly pulled a gun and shot the man.
Lance Dutton, Seller's attorney, told jurors the evidence would show Sellers was attacked by the alleged victim, who was heavily intoxicated, and was defending himself and his wife. Citing the alleged victim punched Sellers and another man in Sellers' car, Dutton said Sellers had only returned to allow his wife to apologize for her behavior.
According to the testimony, all adults at the party had consumed alcohol, but Sellers' wife was heavily intoxicated, and the two had been arguing prior to arriving at the cookout. Witnesses added that Sellers' wife had been asked to leave after previously refusing to leave with Sellers.
Both the alleged victim and his wife told jurors Sellers repeatedly called after leaving his wife at the party, then returned to pick her up, and later called numerous times asking if the two could return again. According to the couple, Sellers, against their wishes, came back with his wife, two other people and a gun.
The alleged victim said when he saw what he first thought was a knife, he was afraid for the safety of his wife, who said she witnessed the alleged shooting, and three children inside the home. Sellers had allegedly returned to the Barnsley Garden Road home, and exited his vehicle with the .22 pistol in his hand.
Citing he had asked them to leave numerous times, the alleged victim said Sellers' wife walked past him and Sellers got out of the car. A short time later, the altercation began.
"They were still just sitting in the car. They wouldn't leave," the alleged victim said, adding that Sellers was "stupid enough to keep coming back" and was "hunting trouble."
At that point, the alleged victim tried to get control of the firearm, which he testified Sellers had been pointing at him from inside the car in the driveway.
"He reached over the seat and put the gun right to me," the alleged victim said, adding that he still has medical problems as a result of the injury.
The alleged victim's wife also told jurors Sellers "stuck the gun in [her husband's] crotch and shot" while another man with Sellers was pushing the alleged victim into the back seat of the car.
Another guest of the alleged victim took the stand late Tuesday, telling jurors a man with Sellers "jumped in the [alleged victim's] face" and Sellers pulled a gun, pointing it at the alleged victim and two other people after returning to the home shortly before the shooting. He added men in the car tried to pull the alleged victim inside the car, and after Sellers pulled out the gun and shot the alleged victim, the car sped away.
The defense is expected to present evidence today.