Death penalty trial to begin in 2016 slaying of Shelby police officer

SHELBY, N.C. — A trial began Monday for a man accused in the 2016 shooting death of a Shelby police officer.

Police said Irving Fenner Jr. shot Officer Tim Brackeen in the chest on Sept 10, 2016, while the officer was serving him a warrant.

Brackeen died two days later and Fenner was found hiding out in Rhode Island soon after.

[PAST COVERAGE: Confrontation between fallen Shelby officer, suspect caught on body cam]

It's taken a while for the trial to begin because prosecutors are seeking the death penalty, which isn't common in North Carolina.

Jury selection will start Tuesday in Catawba County after Monday's pretrial motions.

The shooting has weighed on the community for years, which can cause challenges when selecting a jury.

"Emotions are going to run high because of the nature of the shooting," said legal expert James Wyatt. "It is hard to exclude that from the courtroom itself. It will likely be a tense atmosphere."

The shooting of Brackeen was a galvanizing incident for law enforcement in Cleveland County.

"We are small county all the officers know each other," said Maj. Durwin Briscoe, who is with the Cleveland County Sheriff's Office. "We become very familiar as family."

The judge wanted to make sure that family doesn't influence the jury. He honored a defense motion barring officers from wearing their uniforms in court unless they are testifying or working in courthouse.

Once the jury is chosen, the trial will move to Cleveland County and is expected to last for several weeks.

(Fenner)

The judge could give the jury a thumb drive from Brackeen's body camera. It captured the encounter between Brackeen and Fenner.

The defense team believes jurors should not see it.

"The body cam was turned on inadvertently," defense attorney Sam Snead said.

Snead wants to know why the camera wasn't recording from the beginning.

The defense team wants notes on planning and training that Brackeen and his fellow officer had on serving warrants and if that included activating the body camera the entire time.

"We have this unrecorded beginning that leads to undue speculation," Snead said.

"The state wants the death penalty in this case, so we certainly have the gravest of responsibilities to our client," defense attorney Victoria Jayne said.

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The judge will decide if jurors will see that video and how much of the 47-minute recording they will watch.

A bill named after Brackeen that increases the punishment for people who assault law enforcement officers with a gun will go into effect in December.

[PAST COVERAGE: Retired K-9 partner of murdered Shelby police officer dies]

The law will increase the penalty for someone who shoots a police officer from a class E felony to a Class D, which comes with a minimum sentence of 38 months.

Cox Media Group