BALLSTON SPA, N.Y. (NEWS10) — Opening statements were made late Wednesday morning in the Darryl Mount wrongful death civil trial. Lawyers on both sides laid out their cases. Mount was left paralyzed in 2013 after falling from scaffolding while being chased by police. He died in 2014.

Jury chosen in Darryl Mount wrongful death civil trial

On Labor Day Weekend 2013, multiple police officers observed Darryl Mount getting into a physical altercation with his girlfriend. This occurred around 3:00 AM in Saratoga Springs. The officers chased after Mount, moments later he was found face down and bloodied near scaffolding in an alleyway.  He died nine months later. The question remains…what happened in that alleyway to cause Mount’s injuries?

The plaintiff’s case is that Darryl Mount’s coma, incapacitated state and eventual death was caused by a police beating.

Evidence? The plaintiffs argued the position of Mount’s face down body on the ground is not indicative of a fall.  Mount family attorney Brian Breedlove pointed out that Mount had metal placed in his neck to correct injuries from a previous diving accident — which would render him more likely to have broken his neck during a fall. Breedlove argued that CAT scans showed no broken neck.

“He did not fall from the scaffolding” said Breedlove. “The only other explanation is that somebody beat him” he added.

Defense attorney John Aspland argued that Mount Fell from scaffolding. They say that the cops involved namely officer and now police chief Tyler McIntosh have exemplary records. Adding that the jury would have to believe the good officers had such malice to beat someone to death. He named multiple witnesses who said they did not see police officers in the alleyway.

“The whole theory of he was beaten in the alley, is belied by the evidence said Aspland.

Following opening statements, the jury heard the first testimony from witnesses.