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Trial begins for man accused of killing Shelby police officer

Irving Fenner is facing the death penalty after investigators said he killed K-9 Officer Tim Brackeen in 2016.

SHELBY, N.C. — The trial for a man accused of shooting and killing a popular Shelby police officer in 2016 is set to begin Monday. 

Irving Fenner is facing the death penalty after investigators said he killed Shelby Police K-9 Officer Tim Brackeen in 2016. Police say Brackeen was trying to arrest Fenner on outstanding warrants when he was killed.

Because prosecutors are seeking the death penalty, everything about the trial is expected to take a lot longer than normal. The first phase of the trial is actually happening in Catawba County, where attorneys will spend the next tor to three weeks selecting a jury. 

Why Catawba County? It's an effort to avoid any bias because of how much media attention has been on this case in Cleveland County. 

Once the jury is selected, they will be bused into Cleveland County where the trial will be broken into two phases. The first phase will be at least five to six weeks, and it will focus solely on whether Fenner is innocent or guilty of shooting Officer Brackeen. 

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If Fenner is found guilty, the second phase will begin, and that's expected to take several weeks, in which the jury would decide whether Fenner would face the death penalty. 

Several members of the Shelby Police Department, as well as Brackeen's family, are expected to appear in court. Three years ago, Brackeen's father said the family was in agreement on their perspective of Fenner. 

"If my son was here, that my son would tell him that he does not hate him and that there's no hatred and I wanted to share that with him," said Jim Brackeen. 

Cleveland County's District Attorney told NBC Charlotte he expects Monday to be mostly pre-trial motions with the actual selection of jurors not beginning until as last as Tuesday.

When the trial is underway, police officers in attendance will not be allowed to wear uniforms or badges, as it could show support for one side. The judge says he wants the jury to focus on the matter at hand.

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