In an opening statement this morning, a Suffolk County prosecutor told a Superior Court jury at a homicide defendant’s re-trial that the victim of a 2007 fatal shooting was an innocent man who was sitting on a Roxbury stoop with friends when he was killed.

SHAWN “SHANKS” DAUGHTRY (D.O.B. 5/14/80) of Roxbury is charged with first-degree murder for the fatal shooting of 29-year-old Urel Duncan on the evening of Sept. 20, 2007, and armed assault with intent to murder for the non-fatal shooting of Duncan’s then 19-year-old friend, who was seated next to him on the steps of a Codman Park residence. He is additionally charged with unlawful possession of a firearm, unlawful possession of ammunition, and unlawfully carrying a loaded firearm.

Assistant District Attorney Gretchen Lundgren told the court that ten days before the shooting, on Sept. 10, 2007, Daughtry was shot by two rival gang members affiliated with Academy Homes and as a result, “the defendant decided to retaliate.”

Just after 9 on the evening of the shooting, Lundgren said, Daughtry and DEMETRIUS WARDSWORTH (D.O.B. 12/26/88) “each armed themselves with loaded guns, pulled the hoods of their sweatshirts up over their faces, and walked up the street to a home on Codman Park,” she said, an area she described as “Academy Homes gang territory.”

“As they walked up that street and encountered the first people they saw, they pulled out the guns,” she said. “The defendant then fired his gun – not at Academy Homes gang members – but at four people enjoying each other’s company.”

Those four people included Duncan, who was shot in the head, another male victim who was sustained wounds to his foot, and two women who were uninjured. Before they could even comprehend what was happening, Lundgren said, “the shooting was over.”

“And in those horrifying moments, after the silence, after their attackers had run away, [the victims] came to the realization that a bullet had struck Urel Duncan. They stood there as they saw Urel Duncan – their brother, their friend, their neighbor – bleeding to death on the front porch.”

The gunmen fled the scene, Lundgren said, and in the aftermath of the shooting, the female witnesses provided police detectives with a description of the attackers. Boston Police officers canvassed nearby streets and neighborhoods looking for two men – one in a black hooded sweatshirt, and the other in a gray hooded sweatshirt.

“Not more than 50 minutes later, they found two people in rival gang territory matching that exact description,” Lundgren said. Daughtry and Wardsworth were stopped by Youth Violence Strike Force officers less than half a mile from Codman Park, the scene of the shooting, the prosecutor told the court. But police officers did not stop there, Lundgren said. They became aware of a nearby surveillance camera that had recorded the suspects firing at the group on the steps. The two men depicted in the video were wearing clothing that matched with the defendants’.

The two men were separated, and brought to police headquarters, where Daughtry gave a statement and provided an alibi to police.

Subsequently, both men were released so police and prosecutors could continue the investigation. During that time, investigators were able to analyze gunshot residue that had been taken from Daughtry’s left hand, the surveillance video that captured the shooting, as well as witness statements and scientific evidence.

“What the evidence will show you in this trial is that each and every piece of evidence corroborates one another,” Lundgren told the jury.

“You’ll see – the evidence will prove to you – it was the defendant who fired the fatal shot.”

In 2008, the Suffolk County Grand Jury indicted both men, and on April 1, 2008, they were arrested for their roles in the shooting.

On May 17, 2010, a Superior Court jury declared itself hopelessly deadlocked in its deliberations of Daughtry’s role in the shooting; Judge Frank Gaziano declared a mistrial, and the re-trial began this week with jury selection on Monday.

Daughtry’s co-defendant and alleged joint venturer, Wardsworth, was convicted of the same offenses at a separate trial in 2009. He is serving a life sentence.

Jennifer Stott is the victim witness advocate assigned to the case. Daughtry is represented by attorney Barry Wilson. Proceedings are ongoing before Judge Gaziano in courtroom 906.