Defense argues self-defense in killing of off-duty Fulton County deputy

ATLANTA - Opening statements began Tuesday for the man accused of killing Fulton County Deputy James Thomas, Jr.

What they're saying:

Prosecutors say Alton Oliver, who was 26 at the time, shot the off-duty deputy who was driving his personal car on Bolton Road in Northwest Atlanta.

Chief Deputy District Attorney Chris Sperry says at around 4:30am, Oliver was walking down the street when Thomas approached him in his personal car. Sperry says Thomas circled back multiple times and, at one point, asked for sexual favors.

The state accuses Oliver of shooting and killing Thomas out of anger.

"This is what happens when you point that gun, and this is what happens when you shoot that gun, not once, not twice, but three times," Sperry told jurors. "James Thomas was shot for shooting his shot, and you don't get to do that, that's not justified deadly force."

Prosecutors told jurors that they would need to decide if that reaction was reasonable. "Before you go from zero to 100, are there any other steps that could have been taken?" Sperry said to jurors.

The other side:

Senior Public Defender Kristin Howell says Oliver was just minding his own business while walking home from work.  "He was just walking on a desolate, ominous, dark stretch of road that you will see and people will testify to," said Howell.

Howell told jurors that Thomas repeatedly approached, circled and stopped Oliver and would not leave him alone. "He chose to bust a you-turn and come back and find my client."

She claimed Oliver ignored and declined his sexual advances. "Ultimately, he decided to harass my client. Ultimately, he decided to stalk my client and ultimately solicited my client," Howell said. 

She says Oliver was afraid for his life and used deadly force in self-defense.