His father, 76-year-old Ray McPeake, was taken to hospital after apparently being assaulted in an incident in his home.
At Westshore, police forced entry in to the car after Gregory McPeake ignored requests to get out. His breathing deteriorated as soon as he was out of the car, and he died at the scene.
The trial was to have started yesterday but the jury of seven women and five men had to be discharged before the trial started. A new jury will be empanelled today before Crown prosecutor Ben Vanderkolk, of Palmerston North, calls the first of an expected 28 prosecution witnesses.
About 20 of the witnesses are police staff, including others who were at the scene about the time of the incident and investigators from outside the Eastern Police District.