Martin Spivey sat down on his ice chest in the predawn darkness on July 30, 2012.

He was waiting for the 6 a.m. bus that would take him from Rocky Creek Road to Riverside Drive, where he had reported for work as a laborer with Chris R. Sheridan & Co. for more than a dozen years.

But before the bus came, a man came up behind him and squatted down, holding a gray backpack. What looked like the barrel of a gun was poking out.

“He said, ‘hand me your wallet,’” the 60-year-old Spivey testified Tuesday. “He said, ‘Hand it here or I’ll kill you.’ ”

The trial for Devarious Tremaine Lockett, the 23-year-old Macon man Spivey picked from a photo lineup as his attacker, began Tuesday in Bibb County Superior Court.

Lockett, of Macon, is charged with two counts of armed robbery, possession of a firearm during the commission of a felony and possession of a firearm by a first-offender probationer.

His lawyer, Mark Beberman, told jurors that the case is one of “mistaken identification.”

It was dark that morning and the robbery transpired in a matter of seconds, he said.

Beberman contends Spivey told police he wasn’t sure he saw a gun.

“There’s plenty of doubt in this case,” he said.

Prosecutor Sandra Matson said Spivey’s attacker took his wallet and then ran away. Surveillance footage from a nearby convenience store shows a man walk up behind Spivey.

A couple days after the robbery, Lockett’s nephew called police and told them he’d seen Lockett with a gun, a gray backpack and an ID with Spivey’s name on it. He was also wearing all black clothing as Spivey had described to police, Matson said.

“Devarious Lockett told his nephew he had robbed somebody,” she said.

Lockett was jailed Aug. 7 after he was shot in the hand on Plant Street.

Testimony his trial is scheduled to continue Wednesday.

Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398.