Potential jurors for the re-trial of a case involving murder suspect Jonathan Witherspoon, accused of shooting and killing Prince Tolbert

outside of Club 49ers, underwent meticulous questioning by prosecution and defense lawyers yesterday at the Dallas County Courthouse.

This is the second time this case has been to trial. During the first trial, only one of the 12 jurors believed Witherspoon was not guilty. That one hold-out let to a mistrial.

Assistant District Attorney Joseph Fitzpatrick and Bruce Maddox, a private attorney hired to assist in the case, are the prosecuting attorneys. Selma attorney Henry Pitts and Dwayne Brown are representing Witherspoon.

Following jury selection and a motion hearing yesterday, opening statements will begin Witherspoon’s trial today at 9 a.m.

Dating back to May 7 of last year, when Tolbert was killed, the district attorney’s office claims Witherspoon shot and killed Tolbert following an altercation that began inside of Club 49ers between Donald Davis, Tolbert’s cousin, and LaMarcus Sanders.

Minutes later, witnesses say, Witherspoon allegedly came to the front of the club with a semi-automatic handgun and fired several rounds in Tolbert’s direction. Tolbert was unarmed.

Witnesses also contend one of the shots fired hit Tolbert’s neck. He was pronounced dead on the scene.

Shortly after the shooting, Witherspoon’s house was shot at.

Then, four days after the incident at Club 49ers, a fight broke out at the viewing service of Tolbert’s body at Lewis Brother’s Funeral Home. Tolbert family members said an associate of Witherspoon’s came to the body viewing and caused a disturbance. Selma police were called to the scene and one officer was assaulted by a Tolbert family member.

Due to tension during the last trial between the Tolbert and Witherspoon families, extreme security measures will be enforced to ensure court hearings are conducted in accordance to court policy.

Chief Deputy Randy Pugh of the Dallas County Sheriffs Department confirmed that two deputies will be inside the courtroom and one outside the courtroom patrolling the hallways. And, like before, all people attending the trial will have to go through metal detectors before being permitted into the courtroom. Those same people will also be unable to leave the courtroom, once inside, until the judge permits a recess. No on will be allowed to hang-out in the hallways during the recess.