He was taken to Miami Valley Hospital, where he died.
In a motion to continue the trial, the defense said that a previous trial date was set for the week of April 20, but that was continued due to the COVID-19 pandemic and rescheduled. The motion then says in July, the state filed a motion regarding the testimony of a firearms expert, saying that he was not available for the week of the August trial.
The defense motion says the state and defense were able to come up with an agreement about the testimony.
“However, upon further reflection and discussion following the cancellation of the final pre-trial due to the closing of the courthouse after a water main break, defendant now agrees with the State’s initial assessment that (the expert) is a critical witness in this matter and would prefer to have him testify at trial as opposed to a reviewing supervisor,” the defense motion says.
The defense also said that the ongoing COVID-19 pandemic and its continued risk to the health and safety of participants in the jury trial should also cause it to be delayed.
A new trial date has been set for February 2021.