Seventy-nine jurors made their way back to the Cleveland County courthouse Wednesday morning to finish the jury selection process. Just after noon Wednesday a jury of 12 was seated, plus two alternates.
Max Townsend is on trial facing 10 felony charges including three second-degree murder charges.
After a jury was seated the state was able to give their opening statement.
They started off and asked jury find Max Townsend guilty on 10 felony charges.
They argued that Townsend was drunk and had THC in his system when he allegedly ran over the group of Moore cross-country runners at 77 mph, resulting in the death of three, Rachel Freeman, Yuridia Martinez and Kolby Crum. The accident also injured several of their teammates.
The prosecutors ended their statement and told the jury to hold Townsend accountable for every life he took and every kid he hurt back on February 3, 2020.
On the other hand, the defense in their opening statement told the jury Townsend was not drunk at the time of the alleged incident and mentioned he had a blood alcohol level of .06, under the level for a DUI in the state.
The defense’s argument which they will use to defend Townsend is that he was drinking a red bull at the time, choked on it which made him pass out, unconscious. They went on and said he never knew he hit the runners.
After opening statements, the state called their first three witnesses, the moms of all three children who died, which was very emotional testimony.
Court will resume Thursday morning with the state calling their fourth witness.