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TUCSON-Opening statements started Tuesday in the first degree murder trial of Max Montijo LaMadrid.

He's accused of killing 16-year-old Tanee Natividad in 2001. The teen was shot in the head but police say, she was not the intended victim.

LaMadrid was on the run for nine years before he was captured in Mexico.

In the courtroom, the victim's mother Barbara Nunez said she's waited over a decade to see LaMadrid stand trial for the murder of her only daughter.

Max LaMadrid sat in court and listened to the prosecutor as he told the jurors, Tanee was an innocent victim. She was at the wrong place at the wrong time, and even though LaMadrid didn't know her or didn't mean to shoot her he still killed her.

Mark Diebolt says, "He fired at least six times from his weapon. One of those bullets shattered the back window of Terrance Gooden's car striking this innocent victim in the back of the head killing her."

Defense attorney Richard Lougee says they will not argue that Max LaMadrid fired a weapon, he did, but he's not responsible for Tanee's death.

"We're going to prove to you that the states own evidence its physical evidence and other evidence that we will bring will establish that the gun fired from this location (Jack in the box) did not kill the 16 year old girl," he said.

Terrance Gooden was 18-years-old at that time and was driving the car that Tanee was in when she was shot and killed. He told the court they were in the drive thru at the Jack in the Box near Speedway and Swan when gunfire erupted. He says he sped off and didn't realize the 16-year-old had been shot. When he did, he claims he gave her CPR and called 911. But other than that he didn't remember much of that night.

Testimony resumes Wednesday morning at 9:30 in Judge Howard Hantman's courtroom.

The trial is expected to last eight days.