Mistrial declared in shooting death trial

Thursday, neither the judge nor the prosecutor’s office would comment. The judge has requested both sides to file briefs by early October.

Monday, Kimberly Carl testified that she was shoved out of harms way and into a kitchen away from gunfire by West before he was killed. She said, however, that she couldn’t identify the killer.

Earlier this week, police were searching for Thomas Horn, another witness to the slaying. A warrant was issued for Horn’s arrest.

Prosecutors had asked Montgomery County Common Pleas Judge Michael L. Tucker to declare Horn unavailable and to allow them to present Horn’s former testimony from a motion hearing, but Tucker denied that request.