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Attorney: New Brighton Shooting Trial Will Hinge On Self Defense Claim

MINNEAPOLIS (WCCO) -- Jury selection began Monday in the murder trial of a New Brighton man charged with killing his neighbor.

A feud between Neal Zumberge and his neighbor Todd Stevens turned violent when Zumberge shot Stevens dead in his front yard in May of 2014.

Criminal defense attorneys say this case is fascinating because it is a case of neighbors not getting along.

The shooting happened on May 5, when Stevens' longtime girlfriend, Jennifer Damerow-Cleven, and Paula Zumberge were locked in an argument.

Stevens walked outside his home and Neal Zumberge fired a 12-gage shotgun from the side of his house, hitting and killing his neighbor.

Criminal defense attorney Joe Tamburino says Zumberge's trial should be more interesting than his wife's.

"In his wife's case, they didn't even go to a jury, they went to a judge," Tamburino said. "A judge found her not guilty, and it was a much better case because his wife was charged with aiding and abetting in this type of crime or this type of murder, and there really wasn't much evident against her."

The case against Neal Zumberge is different.

"The state is going to present evidence that obviously he was the shooter presumably," Tamburino said. "He admitted to the shooting and the whole issue is going to be about self-defense."

The attorney added that the defense will have to prove Zumberge had no other choice but to shoot his neighbor.

"This is one of those cases where you have an arguable self-defense claim, but it's really going to come down to whether or not he couldn't retreat and his only available option was to use the weapon against Mr. Stevens," Tamburino said.

Jury selection is expected to take time. The judge will speak with each one of the 75 potential jurors.

"That is called one-on-one verdure," Tamburino said. "You interview one juror at a time apart from all the other jurors, it's done in first degree murder cases."

Zumberge is charged with one count each of first-degree premeditated murder, attempted first-degree murder, second-degree murder with intent and attempted second-degree murder with intent.

Opening statements could take place as early as Wednesday morning.

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