The second murder trial of Jonathan Witherspoon got under way Tuesday at the Dallas County Courthouse amid tight security.

Witherspoon, 31, is accused of killing Prince Tolbert on May 8 of last year in a shooting outside a local nightclub. An earlier trial ended in a hung jury when one jury member refused to vote for a conviction.

That earlier trial was marked by tensions between family members of the two men. Sheriff’s deputies were on hand Tuesday to ensure there were no courtroom outbursts. Of the 27 spectators in Judge Tommy Jones’ courtroom, 20 were family members and friends of the deceased.

Assistant District Attorney Joseph Fitzpatrick and Bruce Maddox, a private attorney hired to assist in the case, began their prosecution by re-creating the scene during the night Tolbert was allegedly shot and killed after being hit in the neck by Witherspoon’s .40-caliber pistol, slicing Tolbert’s aorta.

Tolbert was unarmed.

The prosecution is set to call four witnesses, all of whom saw what happened in front of Club 49, as well as several law enforcement officials and evidence professionals to support its case.

Defense rebuttal attacked the prosecution’s claim that Witherspoon was the only person shooting on the night in question, and that the bullet which struck Tolbert did not come from Witherspoon’s gun.

In his opening argument, Pitts focused on how the incident began inside of Club 49 between Donald Davis, Tolbert’s cousin, and LaMarcus Sanders, one of Witherspoon’s companions, after Sanders spoke to a female companion of Davis.

Shoves and &uot;yacking&uot; followed, Pitts said. Then Davis and Sanders, along with their friends and Witherspoon, took the problem outside.

Once the altercation resumed, a heated Davis pointed his gun to Sanders’ head. Sanders took off running and Davis then pursued him while shooting.

According to Pitts, Witherspoon, Davis and Sanders are said to have fired shots, and the shot that hit Tolbert was not from Witherspoon’s pistol.

Kimberly Olds, the state’s first witness, said of Witherspoon, &uot;He shot him (Tolbert).&uot;

After being shot, Olds said that Tolbert tried to walk towards the people standing outside of Club 49 &uot;staggering with blood coming out of his mouth. Then he fell to the ground.&uot; She also noted that Witherspoon fled the scene afterwards.

Tolbert was pronounced dead on the scene.

Witness testimony continued throughout the afternoon and will resume tomorrow.