Witness testimonies began Monday afternoon in the attempted capital murder trial of Sergio Andrade-Martinez, accused of shooting a Fayetteville officer during a standoff at Bedford Loop Apartments in March.
A jury of five women and eight men was selected earlier in the day in a Washington County courtroom. Attorneys for both sides made their opening statements, then jurors began to hear testimony from witnesses.
John Brooks, CSI for Fayetteville PD, went over evidence photos including weapons, alcohol, shell casings, and apparent drugs.
Defense attorneys said Andrade-Martinez cannot be found guilty of attempted capital murder because he could not see the officers outside his apartment that night.
"Evidence proves his actions were not premeditated/deliberated. He is not guilty of the 5 counts of attempted capital murder," said Defense Attorney, Scott Parks.
Prosecutors said Andrade-Martinez is guilty of attempting to shoot officers during the late-night standoff.
Prosecuting Attorney, Mark Booher said Andrade-Martinez told a Fayetteville Police officer, "I'm going to kill everyone that's out there. I've got two guns and plenty of ammo."
Police said Andrade-Martinez fired several rounds at officers hitting Officer Blake Williamson in the right leg on March 24. (To read the full story from the standoff, click here.)
Andrade-Martinez faces six counts of attempted capital murder, aggravated assault, terroristic act, and first degree battery on a law enforcement officer.
Eyewitnesses at the apartment that night say he fired first at police. John Phillips lives in the apartment below Andrade-Martinez and saw the dispute begin.
“We were all sitting right here on the stairs. He was mad, he ran over there yelling at the people across from us. Apparently he had pulled a gun out on them and told them to call the cops because he was coming after them,” said Phillips.
The suspect fired at least two rounds, one going through another apartment wall, barely missing two people inside. The other round struck the Fayetteville police officer.
De La Rosa and her family live beneath Andrade-Martinez. She says this is not the first time he has started a scene.
“My son went upstairs and knocked on the door and asked them to be quiet that mom and dad were sleeping because they both had to get up to go to work and he apparently had a gun pulled on the girl because he freaked out and ran after my son,” said De La Rosa.
De La Rosa says Andrade-Martinez’s girlfriend does not consider him to be a threat.
“I`m sure that this is not the first time that he`s done this and I think in her heart she feels like he wouldn`t have really hurt anybody, but he did. I asked her about that when I found out that he had pulled a gun on her before and she said that he was harmless and that he would never hurt anybody,” said De La Rosa.