A five-woman, three-man jury was seated Tuesday to determine if an Ogden man is guilty of second-degree murder in the June 25 shooting death of another Ogden man.

Danilo Pascual is accused of shooting Todd Salazar, 24, in the back with a shotgun during a gang fight in west Ogden.During opening arguments in the courtroom of 2nd District Judge Stanton Taylor, Assistant Weber County Attorney Kristine Knowlton said that Salazar was an innocent bystander and that Pascual shot an unarmed man in the back.

Knowlton said that two rival gangs got into a fight on Childs Avenue, and that one gang ran away when Pascual brandished a shotgun.

She said Pascual and his friends chased the other gang members down to 30th Street, where Salazar was standing in his front yard.

Knowlton said that Salazar also tried to get away, but was shot in the back when he turned to run.

Defense attorney Robert Phillips painted a different picture to the jury about what actually took place that summer night.

Phillips said Salazar had been drinking and using cocaine, and he was holding a weapon in his hands when Pascual came upon him.

Phillips said Salazar confronted the gang, and Pascual shot the victim in self-defense.