Utica, NY (WIBX) -The U.S. Army veteran who stands accused of murdering 24-year-old Anthony Garner on James Street last May, is in Oneida County Court today, as the case against him prepares to go to trail. Prospective jurors have been brought in for the case against 30-year-old Marshall Jackson of Utica. The shooting happened last year, in the early morning hours of May 25th between Steuben and West streets.

Police who arrested Jackson near the scene of the crime, say he was on possession of a handgun. The victim was later pronounced dead at St. Elizabeth Medical Center in Utica. At the time of the incident, Jackson was only charged with Criminal Possession of a Weapon, but was later charged with 2nd-degree murder.

In court this morning, Judge Michael Dwyer ruled that Jackson's criminal past, which involves assaults and DWI's, can not be used as evidence against him. Jury selection is still underway. If convicted, Jackson could face up 25 years to life in prison.

UPD Suspect Photo