The trial of an illegal immigrant who allegedly struck and killed a seven-year-old boy started in Smithfield Wednesday afternoon.

According to prosecutors, Hipolito Hernandez was driving drunk and speeding on a Four Oaks road on Sunday, April 13, 2008 when he hit seven-year-old Marcus Lassiter. Witnesses said that Hernandez swerved onto the sidewalk where Lassiter stood. The defense argues that the boy had been on the road.

Lassiter suffered a traumatic brain injury and later died, according to Assistant District Attorney Paul Jackson.

Jackson told the jury that after hitting the boy, Hernandez drove the car into a ditch, jumped out, and fled into nearby woods.

Officers searched the woods and arrested Hernandez about 45 minutes later. His blood alcohol content was three times the legal limit, Jackson said. The prosecutor also says Hernandez laughed and sang as police arrested him.

Jackson told the jury it was just a matter of time before Hernandez injured or killed someone. Police caught Hernandez allegedly driving drunk five times since 2004.

Hernandez is now being tried on second degree murder, driving while impaired, and reckless driving.

"He made the choices, but Marcus Lassiter and his family had to pay the price," Jackson said.

Defense attorney Robert Pleasant told the jury that police arrested the wrong man.

Witnesses described the suspect as Hispanic, and Pleasant argued that officers arrested the first Hispanic man they found.

Pleasant also said, "what happened was an accident." He told the jury that the boy had been on the road when the car hit him.

Milton Barnes, 23, took the stand Wednesday afternoon and told the jury he was watching over Lassiter and another boy as they went to play basketball that evening. He said he heard the car speeding toward them and told the boys to get back from the road. Barnes said both boys moved back about four feet from the road. Lassiter asked if he was far enough from the road. Barnes told him yes, he testified.

The defense questioned his account and his description of the suspect.

But, "I'll never forget his face," Barnes said.

About 20 family members were in the courtroom Wednesday afternoon. Lassiter's mother is expected to testify.