A jury seated to hear the case of a Carrollton man accused of murder heard the state's first three witnesses Wednesday.

Evan Donard Winston, 21, appeared before Judge Dennis Blackmon with his counsel, Atlanta attorney Mawuli Davis and his associate Suellen Fleming.

In his opening statement to the jury, Davis said the fatal gunshot which killed 21-year-old Kevin Woods in September 2011 was not fired by his client, but by a man who pleaded guilty in December.

Roudolphe Germain Jr. pleaded guilty to voluntary manslaughter late last year, receiving a sentence of 15 years in prison, followed by five years of probation.

"You are going to have to make sure that it adds up," Davis told the jury. "And I can tell you now that it won't add up — it's not possible for it to add up."

The attorney said it was the jury's "duty to acquit Evan Winston of each and every charge."

Winston was indicted in October 2011. He has been charged with five offenses, including murder and aggravated assault.

In his opening statement, Senior Assistant District Attorney Jeff Hunt outlined the case, which occurred on Sept. 2, 2011.

In the original incident report filed, Carrollton Police Department Officer Brandon Wilson reported finding the victim dead in a Dodge Charger in the parking lot of Chateau Apartments on Hay's Mill Road at approximately 3 p.m. on that Friday, shortly after the shooting occurred.

According to Inv. Chad Taylor, it is currently the belief of police that Egim Chris Etta-Tawo had set up a marijuana deal between the victim and Winston and Germain, which ended with Woods' death. Winston and Germain reportedly drove off in a 1999 Toyota Camry.

Etta-Tawo was originally indicted, along with Winston and Germain, for the murder, but is expected to have that murder charge dismissed in consideration of his testimony in the trial, which was heard Wednesday.

Etta-Tawo, who now faces indicted charges of conspiracy to violate the Georgia Controlled Substances Act and possession of marijuana with intent to distribute, was the state's first witness called Wednesday morning. He took the witness stand in the standard inmate clothing of orange shirt and pants, with his hands and feet restrained.

Jurors also heard from Brandon Woods, the deceased victim's brother who was also present the afternoon of the shooting.

Woods testified that he "saw only one gun" that day, and that Winston had it on his waist.

The victim's brother, who made the original 911 call, said Winston had gotten out of the car he, the defendant and Etta-Tawo were riding in, opened the door of Kevin Woods' Dodge Charger and began shooting.

The jury of eight women and six men, including the two alternates, finally heard from Javier Cook, a man who was granted immunity by Blackmon, ensuring that anything he said could not be used against him.

Cook was in the car that had dropped Winston off in the parking lot. He was not at the scene when the shooting occurred.

Cook testified that both Winston and Germain had firearms, with Winton possessing a revolver and Germain a semi-automatic.

In his opening statement, Davis said that Germain had been in possession of a 9mm pistol and that Woods was killed from a 9mm gunshot wound.

Twelve jurors, as well as two alternates, were chosen Tuesday in a daylong process of questioning in which 36 prospective jurors were examined by the prosecution and the defense.

The case was adjourned for the evening, with more witnesses to be called by the state beginning at 9 a.m. today. The first witness is expected to be the medical examiner who performed the autopsy of the deceased.

Hunt said it is "possible" that the state will rest its case sometime today.