SPRINGFIELD — Prosecutors said they want a judge to delay the start of a Clark County murder trial because there is so much evidence.
Investigators said Damian DeBose and Semaj Mack shot 47-year-old Luke Hollifield near the Casey’s gas station in New Carlisle this past summer.
News Center 7’s Taylor Robertson spoke with the prosecutor, who said neither case is ready for trial.
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Semaj Mack was the first to see Judge Brian Driscoll on Tuesday morning. Damian DeBose appeared before Judge Driscoll after Mack
The pair is accused of shooting Hollifield in July on Dayton Lakeview Road.
Prosecutors think road rage led to shooting Hollifield getting shot in the chest. He did not survive his injuries.
DeBose’ attorney previously told News Center 7 that he acted in self-defense. Both Mack and DeBose’ jury trial is set to start on Oct. 6.
Judge Driscoll said, “The court has received a motion to continue that jury trial, followed by the State of Ohio, Mr. Haskins, if you just give us a status of where we’re at in the discovery of this matter.”
The prosecutor said there is a lot of evidence in the case, and they need more time to share all of it with the defense. Mack’s defense attorney, Seth Schertzinger, told the judge he agrees.
“We have received some new materials since our last pretrial, some just as recent as yesterday. So certainly we have not had the opportunity to do everything there is to be prepared for trial next week,” Schertzinger said.
Anthony Vannoy, DeBose’s attorney, did not agree with the motion to continue.
“Your Honor, the defense on behalf of DeBose would launch an objection on the speedy trial constitutional protections,” Vannoy said. “We believe the continuance of this matter would take us beyond DeBose’s 90-day speedy trial.”
On Tuesday, Judge Driscoll did not make a decision on the motion. He said he’d provide a written statement on the motion soon.
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