CHARLOTTE, NC (WBTV) - After two-and-a-half days of jury selection, prosecutors and defense attorneys had not seated any prospective jurors.
By Wednesday, the judge seated eight jurors.
Borum is accused of shooting and killing Justin Carr in 2016 during the riots in Charlotte after Charlotte Mecklenburg Police shot and killed Keith Lamont Scott.
Monday afternoon, Prosecutors told the jury pool that they believe Borum was aiming to shoot police.
Prosecutors say two years ago when protesters gathered outside the Omni Hotel during the riots, Borum tried twice to fire his weapon.
According to an Assistant District Attorney, Borum's gun didn't fire the first time but it did on the second try.
Prosecutors told potential jurors that their evidence shows Borum was aiming to shoot at police .. but instead he allegedly hit and killed Carr. The legal argument is called transfer intent.
Tuesday morning before potential jurors entered the court room, defense attorneys told the judge they were taking issue with prosecutors telling the jury pool that Borum was trying to shoot police.
The defense says last week during pre-trial motions the judge told them they couldn't argue that it was someone else - police - who shot Carr because that argument would be too broad.
Prosecutors countered that they have video evidence that Borum was aiming at police and they say Borum and someone who was with him allegedly admitted to investigators that Borum wanted to shoot police.
Prosecutors say the defense has no evidence - except social media chatter - that police shot Carr.
Borum's attorneys say part of the case will show that police were firing some type of projectiles into the crowd.
Meanwhile, jury selection continued throughout the day.
Court officials say 52 Mecklenburg County residents were called to serve. Of that number, 13 have been excused because of cause, including three on Tuesday.
One woman was excused after she said she didn’t think she could give Borum a fair trial. She said she has friends who are police officers, and after hearing prosecutors say they believe Borum was trying to shoot a police officer, she didn’t think she could be fair because of her strong beliefs about violence against police.
One man told the judge he didn’t think he could send someone to prison for life. He said his sister was killed by her husband and the potential juror said he was angry at his sister’s death. But, he said when his brother-in-law was released from prison, he was a different person. The man told the court he would struggle with knowing his possible verdict could send someone to prison for life.
Another man, who said he works as a Funeral Director, was excused from jury duty after he said some of Carr’s relatives contacted him immediately after the death to start to talk about funeral arrangements. He said he cried with the family, he knows the family and knows the case.
He told the court he heard several versions of who shot Carr, including that police did it.
The potential juror said that while he later learned through news reports that Borum was arrested and charged, he believes he wouldn’t be able to set aside his knowledge of the case and be fair to both sides.
Prosecutors asked the potential jurors a series of questions, including whether they’ve had positive or negative interactions with police.
The defense began their questioning late Tuesday afternoon and will resume Wednesday morning when court is back in session.