BILLINGS — The trial of Jacob Troxel, accused of fatally shooting 29-year-old Michael Duran during a road-rage incident in August 2022, began on Tuesday morning at the Yellowstone County courthouse.
The incident, which occurred in downtown Billings on Fourth Avenue North, directly between the Billings YMCA and the KTVQ news station, was caught on station surveillance cameras.
Troxel, 31, is facing deliberate homicide charges for the shooting death of Duran, who was unarmed. Both the prosecution and defense delivered their opening statements to the jury on Tuesday.
Senior Deputy County Attorney Emily Jo Roark handled the opening statements for the prosecution.
"Avoidable, preventable, senseless," Roark said to the jury. "This case is about the senseless murder of Michael Duran, the murder of a 29-year-old that should still be alive today."
Roark said that the entire incident should have been avoided and was instigated by Troxel.
"The defendant provokes him by punching him, hitting him, chasing him and spitting on him," Roark said. "He would not stop."
The defense argued that Troxel acted in self-defense. Defense Attorney Natasha Fernando handled the opening statements for Troxel.
"He was trying to get (Duran) to stop," Fernando said to the jury. "Why wouldn't he stop?"
Fernando continued, claiming that Duran was out of control in the moments leading up to his death. She said that the road rage turned into a physical altercation that Duran continued, even after Troxel had walked away and got in his own vehicle.
"They begin fighting, and Duran won't stop," Fernando said. "He's grabbing at Jacob's shirt. He's getting in his face. Between punches, possibly losing consciousness, Jacob does the one thing he has to do. The only thing he can do. He grabs his gun from the back seat and fires."
Prosecutors allege that Troxel shot Duran seven times, and even though authorities arrived on scene quickly to perform life-saving measures, it wasn't enough.
In October 2023, a citizen's jury in a coroner's inquest ruled that Duran's death was not a justifiable homicide, which opened the door for criminal charges to be filed. That decision, an unusual move in a homicide case, is not binding in the current trial.
The trial continued Tuesday with the beginning of witness testimonies, including a detective and the doctor who performed the autopsy.
The trial is expected to continue throughout the week.
Related:
Prosecutor files homicide charge against man accused in 2022 Billings road-rage incident
Verdict: Billings man should face homicide charge in road rage shooting, jury says
Family of Michael Duran speak about son's death in Billings road-rage incident
