Dustin D. Walker in Douglas County District Court during his first trial in the death of Lawrence resident Patrick Roberts.

Dustin Walker’s third trial in the 2014 slaying of 39-year-old Patrick Roberts began Tuesday morning with attorneys calling jurors’ attention to whether an aggravated burglary was committed.

Walker, 31, faces a single count of felony murder.

Exactly two years ago Tuesday, police say Walker and another man — Archie Robinson — broke into Roberts’ duplex at 2403 Cedarwood Ave., to steal money and marijuana.

During the incident, police said, Walker shot Roberts once in the abdomen, killing him.

In February of 2015 Walker faced charges of aggravated burglary and felony murder, which is a killing that occurs during the commission of a felony. The jury found him guilty of aggravated burglary — the underlying felony — but not of the murder charge.

In December of 2015, again facing a felony murder charge, Walker was tried once more. The jury failed to reach a decision on the charge.

Robinson meanwhile was found guilty in March of 2015 of both first-degree murder and aggravated burglary in Roberts’ death. He was given a life sentence without the possibility of parole for 20 years.

During her opening statement Tuesday prosecutor Amy McGowan told jurors the evidence shows both Walker and Robinson forcibly entered Roberts’ home with the intention to steal his property. Ultimately, she said, the state’s case “is going to prove, beyond a reasonable doubt, that the defendant committed the aggravated burglary, which is the underlying felony to the felony murder.”

Following McGowan, Defense Attorney Blake Glover told the jury the evidence illustrates a different scenario, one in which Walker and Robinson did not break into Roberts’ home, but went there to buy marijuana, thus nullifying the underlying felony.

“At the end of all this, what the evidence is going to show is that this was not an aggravated burglary; it was a drug deal gone bad,” he said.

Patrick Roberts

Dustin D. Walker in Douglas County District Court during his first trial in the death of Lawrence resident Patrick Roberts.

Throughout the day the prosecution called two witnesses from Roberts’ family, four from the Lawrence Police Department and one from a Kansas coroner’s officer who confirmed that a single gunshot to the abdomen did, in fact, kill Roberts and that the manner of his death was classified as a homicide.

Roberts’ son, Michael Neis-Roberts, and younger brother, Wayne Roberts, who were both living in the duplex during the incident, were first to take the stand and testify to their recollection of the events.

Neis-Roberts, who was 16 at the time of his father’s death, told jurors he went to bed around midnight on March 7, 2014, on a futon in the duplex’s living room. Around 3 a.m. the next morning he awoke to a “really loud banging” on the front door, he said.

The banging became louder, and just as Neis-Roberts was about to see who was outside the door “burst” open, he said. Then “two men came in, one carrying a handgun.”

Neis-Roberts identified Walker as the armed man, pointing to him in the courtroom.

Both men entered his father’s bedroom, where Neis-Roberts said he heard one man ask “where is it?” To which, he said, his father replied. “I don’t know what you’re talking about.” Then came a single gunshot.

Wayne Roberts, who was asleep in his own bedroom across the duplex, said the gunshot woke him up. He put on his shorts and rushed across the living room to his brother’s room, where he said he struggled with the armed man, whom Neis-Roberts identified as Walker.

During the struggle Wayne Roberts said another shot was fired and Walker dropped his gun before breaking free and running out of the duplex with Robinson.

Wayne Roberts said he recalled telling his mother, who was also living in the duplex, to call the police before he followed both men out of the home for a short distance.

Both men were arrested nearby later that morning, officers later testified.

After responding to a call reporting the shooting, Lawrence Police Officer George Baker told jurors he found Walker near the intersection of 25th and Ridge Court streets.

“On his pants there were what I consider a large amount of blood,” he said.

Walker was then placed under arrest.

Lawrence Police Officer Josh Leitner said he and others found Robinson off West 25th Street, west of Iowa Street.

“As I was patting him down I observed blood on his shirt and blood on his pants,” Leitner said.

“He wasn’t wearing any shoes. He had socks on, but no shoes,” he later added.

Robinson was also placed under arrest.

Following questions from the prosecution, Glover asked each officer whether Walker or Robinson had any drugs, electronics or ‘”any property at all that seemed out of place at that time.” The officers all said they found nothing of the sort.

Walker’s trial is set to continue at 9 a.m. Wednesday. He remains an inmate at the Douglas County Jail in lieu of $1 million cash or surety bond.