Tampa, Florida - There is a big question jurors will have to answer in the Trevor Dooley trial: was it a case of self defense or did an elderly man get angry, lash out and kill someone?
A jury was seated Wednesday, comprised of four women and two men. The crime happened on September 26, 2010 during a deadly argument at the Twin Lakes recreational park in Valrico.
Trevor Dooley, a 71-year-old bus driver, is accused of aggravated manslaughter with a firearm. He could spend 30 years in prison if convicted.
Dooley claims he feared for his life two years ago when he began arguing with an Air Force veteran on a Valrico basketball court. The bus driver told a teenage skateboarder to get off the court that day.
That's when it all started.
A 41-year-old father, David James -- known as "DJ" to family and friends -- was playing basketball with his daughter Danielle. James stepped in to defend the teenage skateboarder, Spencer Arthur.
The skateboarder's call to 911 was played in court.
Arthur, now 16, was frantic on the phone and is heard telling the 911 operator, "I see the blood, I saw the gun. I heard it go off. It's still in his hand. And he just recharged it. And reloaded it."
Spencer Arthur was just 14 when all of this took place. The honor student and youth group band member told the 911 operator it was "his fault," that he was at the center of this deadly argument.
Arthur told the operator, "It was my fault. The person that shot him was mad because I was skateboarding and asked what the rules were."
The teen admitted he was just playing with his skateboard that day. He told jurors that 71-year-old Trevor Dooley yelled at him to stop.
Dooley admits to carrying a gun in his right pocket. And, when David James defended the skateboarder, the two men fell to the ground fighting with the veteran's daughter watching the whole thing.
The teen told jurors that he did not see James get violent, only that the veteran was on top of Dooley at one point, holding his hands down. "He did not choke him," said Arthur.
Ultimately, the skateboarder testified that he was afraid of Mr. Dooley. Arthur testified, "He had a gun and he pointed it at someone, and then he shot someone. You never know what's going to happen."
James' wife, Kanina, wiped away tears in court. Their daughter Danielle is expected to testify in court during the trial since she witnessed the horrific crime.
Assistant Hillsborough State Attorney Lori Ellingsworth gave a brief opening statement, as did the defense.
Ellingsworth talked about how David James was playing with Danielle when they saw a teen skateboarding, in addition to a couple playing a game of tennis. That's when witnesses say Trevor Dooley began shouting from his house across the street, telling the skateboarder to "get off" the basketball court.
However, James defended the young man, saying "there were no signs to stop him."
The state told jurors that Trevor Dooley yelled, F*** you," and showed James a gun in his pants.
The state went on to say that James asked Dooley why he would carry a weapon, since there were kids around the area. In addition, James asked Dooley about cursing in front of children.
That's when the men got on the ground and began a physical fight. Seconds later, the gun went off, and David James was dead.
The defense maintains that James was twice Dooley's size and that the 71-year-old was in fear for his life. This was originally a "Stand Your Ground" case, says the defense. However, a judge denied the defense's motion. It was appealed, and a ruling has not yet been made on whether or not Stand Your Ground will be applicable.