Shabar and Jahaad Marshall face a host of charges in the January 2013 incident and four other home invasion style robberies going back to December 2012.
Opening statements were underway Monday when the defense attorney for Jahaad Marshall objected and asked for a mistrial.
Earlier this month, Shabar Marshall - who was 16 at the time of the attack - admitted to 15 total charges including first-degree sex offense and attempted murder in the Oakwood incident. He remains charged in the other home invasions.
That admission proved to be a problem for trying the brothers together. Jahaad's attorney Deonte Thomas told Judge Henry Hight that because Shabar's attorney George Kelly told jurors in his opening that his client had already pleaded guilty to some of the charges - including the Oakwood attack - it prejudiced the jury against the other brother.
Hight agreed, and ordered the brothers to be tried separately. Jury selection for Jahaad Marshall will start over Tuesday morning.
The 27-year-old is charged with one count of first-degree burglary, two counts of first-degree kidnapping, one count of attempted murder, one count of attempted first-degree rape and one count of possession of a firearm by a convicted felon.
The brothers are accused of entering the East Lane Street home of Jason Beyer. The brothers allegedly shot Beyer in the back when he tried to stop an attack on his wife. That shooting left Beyer paralyzed from the waist down.
In his opening statement, Wake County Assistant District Attorney Boz Zellinger described what he says happened in the home that night. He said Beyer and his wife were ordered around at gunpoint, and at one point the woman was told to go upstairs where Jahaad was waiting for her.
Zellinger said Beyer struggled with Shabbar to try and save his wife. During the fight, the woman was able to run out the front door and go for help. Behind her, Zellinger said she heard "Go get her" and a gunshot.
ABC11 spoke with Jason Beyer in January. While he remains in a wheelchair, he said he is determined to walk again, whether on his own or with the help of new technology. He has returned to work, which includes traveling unassisted across the country. After much practice in parking lots, he also drives a specially-equipped car.
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