UTICA, N.Y. (WKTV) - Two years after being initially accused, a murder suspect in Utica gets his day in court.

Bradley Napierkowski is accused of killing a Utica man named Junior Mercurious in July 2005.

On Monday, Napierkowski waived his right to a trial by jury - but a trial began nonetheless.

Prosecutors say the confrontation and eventual murder of Junior Mercurious was over drugs and money.

They feel Napierkowski tried to steal from Mercurious and ended up shooting Mercurious to death.

Public defenders counter with the notion that Naperkowski is innocent, and will point witnesses who they say have inconsistent stories.

Back on July 17, 2005, court records say he tried robbing junior Mercurious of cash and possibly cocaine.

He was charged in 2006 while serving at a downstate facility for a separate crime.

The trial was delayed, prosecutors say, because Naperikowski suffered from a brain tumor. With that settled, the trial is back on again, but without a jury.

We asked the attorneys their thoughts on this being a bench trial.

"It was something we discussed for a number of months," said Defense Attorney Rebecca Wittman. "And there are a number of issues that a jury may find confusing."

"I wouldn't say I was surprised," said Assistant District Attorney Paul Hernon. "The defense attorney and I discussed the possibility that he might do that last week. It's never for certain until it actually happens. I came prepared to select a jury this morning, but I wasn't totally surprised that he waived his right to one."

Defense Attorney Rebecca Wittman questioned the forthcoming testimony of Tiera Boyd, and Marques Williams - two witnesses prosecutors will call to the stand starting Tuesday.

After reviewing prior statements, Wittman said during Monday's trial that neither have any consistency with the exception of pinning responsibility on Napierkowsi.

Hernon declined to discuss the particulars of the case.

Day two of this trial begins Tuesday at 10 a.m.