No one is questioning whether Anthony Horton shot and killed Trooper Sperr.
The question in this trial is whether Horton intended to kill Sperr.
34 year old Anthony Horton of Elmira is escorted into the Chemung County Courthouse in Elmira for the first day of his trial.
District Attorney John Trice told the jury Horton crafted a plan to rob Chemung Canal Trust Bank in Big Flats.
Trice called witnesses from the bank to the stand, and showed surveillance video of Horton robbing the bank on March 1st.
Horton jumped into a truck driven by another suspect.
Not far from the bank, Trooper Andrew Sperr pulled over the truck for a dangling license plate.
Trice says and that's when Horton intentionally shot the trooper.
Before he died, Sperr fired back and wounded Horton.
Defense Attorney Richard Rich said Horton shot Sperr to buy time to get away.
He says his client did not intend to commit murder.
Two people who found Trooper Sperr dead next to his vehicle on Lowe Road and called 911 also testified, and Trice played the recording of that call.