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Opening arguments begin for Overland Park murder trial

Posted at 9:17 AM, Aug 23, 2016
and last updated 2016-08-23 20:05:26-04

Opening arguments began Tuesday for a man accused in the shooting death of a 24-year-old aspiring rapper. 

Jurl Carter was shot to death outside the Roxy Club in Overland Park in September of 2015. 

Two brothers, Dale and James Willis, are being tried for Carter's death. 

Story: Preliminary hearing set for two suspects in Overland Park nightclub homicide

In previous hearings, witnesses told the court that the Willis brothers got into a fight with Carter before he was shot and killed. Carter was killed as he was driving away from the night club. 

When officers arrived, they found Carter dead in the parking lot. 

Johnson County prosecutors allege Dale Willis didn’t pull the trigger but he commanded it during opening remarks.

Jurors Tuesday watched two videos: security footage captured from nearby Autoworld and dashcam video from the first Overland Park police officer to respond to Carter’s murder at the club.

The security footage showed an altercation outside the nightclub. Prosecutors and defense lawyers agree that altercation was Dale Willis punching Carter.

Seconds later Carter is seen getting into his Malibu and backing out of the parking lot, and then someone approaches the car extending an arm.

Assistant District Attorney Alex Scott alleges that person is Dale Willis’ brother James Willis.

“Dale and James Willis together perpetrated the intentional and premeditated killing of Jurl Carter,” said Scott. “[James] stalks him down and shoots 11 times. You will hear evidence that he was so close to the car that one of the shell casings actually ejected into the front passenger compartment of Jurl’s vehicle.”

Scott linked the confrontation less than a minute before the shooting to Carter’s death.

“Mouthing off to the wrong person can get you killed,” said Scott.

Dale Willis’ defense attorney Dan Ross said his client didn’t order the killing and argues Carter may have been armed.

“People in the crowd say, ‘He’s got a gun, Carter’s got a gun,’” said Ross in his opening statement.

Willis’ lawyers said he walked away from the shooting and didn’t orchestrate it. 

Division 17 District Court Judge Thomas Ryan expects the trial to last at least a week.

The Willis brothers have a long criminal history.

Related: Brothers accused of murder have lengthy criminal record

According to public records, James Willis' past includes running from police, drug trafficking, assault and robbery. Dale Willis served time from being the leader of a drug ring while he was selling cocaine. His other crimes include robbery and assault.

The jury was already selected for Dale Willis. James Willis is scheduled for court later this week.

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Belinda Post can be reached at belinda.post@kshb.com.

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