Dawn Shearer, charged with murder for allegedly shooting her ex-husband Tony Shearer to death in Middletown, appeared before Butler County Judge Jennifer McElresh in court, Thursday, April 13, 2017. GREG LYNCH / STAFF

Trial rescheduled for Middletown woman charged in murder of ex-husband

Dawn Shearer, 48, of Ellis Way, is charged with murder and felonious assault for allegedly fatally shooting Anthony “Tony” Shearer on Feb. 6.

‘SHE GOT TO THE GUN FIRST’: Lawyer claims struggle before fatal shooting

Last week, defense attorney Jason Phillabaum said Shearer would not waive her right to a speedy trial, meaning she had to be tried 90 days from arrest.

She was arrested by Middletown Police minutes after calling 911 and saying that she had shot her ex-husband. She was indicted last week by a Butler County grand jury.

The defense attorney also said experts would testify at trial that Shearer had been abused.

But after receiving 700 pages of evidence just a few days before trial, Phillabaum said a continuance was needed to review the discovery.

Butler County Common Pleas Judge Jennifer McElfresh granted the defense’s motion for a continuance and set a new trial date of June 19.

FAMILY REACTS: Abuse allegation a shock

Phillabaum said Shearer, a licensed concealed carry holder, acted in self-defense.

He said Shearer was chased outside the home on the night of the fatal shooting and she couldn’t “escape” because her ex-husband’s van was blocking her car in the driveway.

Tanya Shearer, Tony’s sister-in-law, previously said she never heard or saw any type of abuse.

“I am so shocked at this,” she said. “Tony was a great guy, very loving and kid-friendly. My children loved their uncle Tony.”

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