(Batesville, Ind.) – Jury selection took place Tuesday and opening arguments will be held this morning for a man accused in a near-deadly shooting in Batesville.

James Fernbach Ripley County Jail

James Fernbach, Jr., 33, is charged with two counts of Attempted Murder for the April 4, 2009 shooting in a parking lot outside the Batesville Food Mart.

Fernbach shot Phillip Cruser, of Westport, Ind., in the head as he sat with his wife in his parked truck outside the store.  Another man, Benjamin Dick, of Batesville, witnessed the first shooting and was shot in the hand during an ensuing struggle with Fernbach.

The trial was initially set to begin in October 2009, but has been repeatedly pushed back as Fernbach has been subject to a series of evaluations to determine if he was mentally fit to stand trial.

Opening arguments will begin in Ripley Circuit Court at 8:00 a.m. with Judge Carl Taul presiding.

Following the shootings, Fernbach drove home where he called 911 to tell police what he had done.  During the investigation, detectives were unable to come up with a motive.

Cruser, 57, and Dick, 27, may be called to testify during Fernbach's trial.