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The trial of David Rene Garcia, accused of shooting Alexis Samaniego to death on Dec. 5, 2004, after a night of drinking, went on Wednesday in his absence.

Garcia was convicted of first-degree murder in August. But Judge Christopher Browning was forced to declare a mistrial when one of the jurors changed her mind after the verdict was announced.

Jury selection for Garcia's new trial was supposed to start Tuesday, but Garcia failed to appear in court and Browning issued a warrant for Garcia's arrest.

When Garcia was still missing on Wednesday, the attorneys on the case went ahead and picked a jury and gave opening arguments.

His defense attorney, Anthony Payson, told Browning that Garcia is ill and asked that the warrant be quashed. Browning refused.

Jurors were told simply that the law doesn't require Garcia to attend the trial.

During opening arguments, Deputy Pima County Attorney Mark Diebolt told jurors that Garcia shot Samaniego repeatedly after a night of drinking at a bar and at Garcia's North First Avenue apartment.

Because Samaniego was struck by 10 of the 11 shots Garcia fired, Diebolt contends Garcia acted with premeditation and is guilty of first-degree murder.

Payson told jurors Samaniego was in a drunken rage and Garcia shot him in self-defense.

Samaniego went from being verbally threatening to physically abusive, Payson said.

Samaniego repeatedly told Garcia "I'm gonna take your gun and do you with it, homes!" Payson said.

Samaniego threw a punch at Garcia, Garcia fell and then Samaniego threw a heavy coat rack made of horseshoes down on Garcia, Payson said.

"You're going to hear David took out his gun and shot it almost simultaneously," Payson said. "There was no time for reflection, it was only two or three seconds."

Witnesses will also testify Garcia wouldn't let his neighbors into his apartment after the shooting because he feared Samaniego would harm them, Payson said.

Garcia was also visibly relieved when police arrived, Payson said.