23 prospective jurors were called back to federal court Tuesday morning. 9 will be selected to decide whether PBSO Sergeant Michael Custer used unnecessary force when he shot and killed Seth Adams in May 2012.
Once they are selected, the trial will be underway, with opening statements expected to happen late Tuesday morning. Richard and Lydia Adams are suing Sgt. Custer and the Palm Beach County Sheriff's Office.
24-year-old Seth Adams was killed in the parking lot of the family-owned garden shop in Loxahatchee.
An attorney for the Adams family, Wallace McCall, says after opening statements, he will play a video statement Custer gave to PBSO investigators two days after the shooting.
McCall say he will then play some clips from an 8-hour deposition Custer gave to attorneys while preparing for this trial. McCall says there will be obvious contradictions in Custer's statements.
The jury will have to decide whether Custer used excessive force when he killed Adams.
Custer claims Seth Adams attacked him as he was parked in the garden shop parking lot, where Adams worked and lived. Custer was in plainclothes and an unmarked SUV but says he identified himself. Custer claims Adams grabbed him by the throat after he said he was a deputy. Custer says Adams then ran to his truck and reached into the glove box. Custer said that's when he shot.
Adams was unarmed. Wallace McCall claims evidence show Adams was not at the front of his pickup truck when he was killed.
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