Attorney wants evidence from fatal Middletown bar shooting thrown out

Credit: DaytonDailyNews

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Malcolm Franklin appears in Butler County Court

Credit: DaytonDailyNews

The attorney for a man charged with the fatal shooting outside a Middletown bar in May has filed several motions to exclude evidence at trial.

Malcolm Franklin, 27, formerly of Louisiana, is charged with murder as well as three counts of felonious assault for gun violence May 30 at D&J Nite spot.

Franklin allegedly shot Julian Marquis Johnson, 23, outside the Elliott Drive bar during the early morning hours. Three others were injured by gunfire, according to Middletown police.

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Middletown police Detective Jon Rawlins testified during a preliminary hearing in Middletown Municipal Court that Franklin confessed to killing Johnson.

Defense Attorney Frank Schiavone III on Tuesday requested a hearing on motions to suppress statements he said Franklin made to police without an attorney present and the stop of his client after the shooting because there was no probable cause.

The hearing was set for Feb 6.

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Franklin is being held in the Butler County Jail in lieu of a $1 million bond.

According to Rawlins, Franklin talked with him four times after his arrest and said he “observed (Johnson) come out the back side of the bar … he has a gun on his person and opened fire.”

Franklin recognized Johnson from some rap videos on YouTube, but he had never actually talked with him, according to Rawlins.

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The shots were fired from a .40-caliber Smith & Wesson handgun, Rawlins said. Franklin was spotted a short time later riding a bicycle. A resident later found the gun in her flower bed.

Rawlins said Franklin told him he fired the deadly shots because of threats to a woman.

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