Cook’s trial was scheduled to begin in September but was continued three months because the BCI ballistics report had recently been received by both the prosecution and defense and more time is needed to review the findings.
On Thursday, defense attorney Patrick Mulligan filed a motion for attorney substitution in the case and a trial continuation.
Mulligan said Cook has requested he represent him as a substitution for the defendant’s court-appointed attorney, Billy Guinigundo. Mulligan said he could not be prepared for the scheduled trial and ask for addition time, essentially delaying the trial again.
Judge Jennifer McElfresh denied the request for attorney substitution and the trial delay. She noted Mulligan had interviewed Cook in August, and at that time did not request to be the attorney of record.
The judge noted that Cook was arraigned on the charge more than a year ago and she had already delayed the trial once.
Cook is being held in the Butler County Jail in lieu of $1 million bond.
Police say Cook was wearing an ankle monitor when the shooting happened. Cook was released from prison in November 2019 after serving 2.5 years for attempted felonious assault. He was on post release control when released from prison, according to the Ohio Department of Rehabilitation & Correction.
At 12:49 a.m. Oct. 11, police received a call about a person found behind a business at 601 N. Verity Parkway. The man was dead when officers arrived. An initial investigation revealed Moneyham had been at the 513 Lounge next door. A group of people were leaving the bar when shots were fired, and at least one person was hit, according to police.
According to the Middletown police report, the first officers at the scene found Moneyham with several gunshot wounds, unconscious and not breathing.
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