LIMA — The attorney for a Lima man charged with discharging his weapon at a group of males outside a downtown Lima bar has filed a motion to exclude from evidence some statements his client made to police following his arrest.
Attorney Zach Maisch is also seeking a reduction of bond that would allow Andre White to leave jail in favor of home arrest, electronic monitoring or both. Allen County Common Pleas Court Judge Jeffrey Reed on Tuesday took both motions under advisement.
White, 39, was indicted in July on charges of attempted murder, a first-degree felony with a three-year firearm specification; felonious assault, a second-degree felony with a three-year firearm spec; and discharge of a firearm on or near a prohibited premises, a third-degree felony.
In a written motion filed last month, Maisch alleged White’s constitutional rights were violated during an interview with police following his arrest. Assistant Allen County Prosecuting Attorney Anthony Miller on Tuesday provided a DVD of the interview as well as an admonishment form signed by White in which he acknowledged he had been informed of his rights.
White also waived his constitutional right to a speedy trial during Wednesday’s hearing. Reed set a tentative new trial date of Dec. 17.
According to court documents, at approximately 1:30 a.m. May 12, police responded to The Callahan bar, 113 E. Spring St., Lima, in reference to a report of shots being fired. Upon their arrival at that location, officers spoke with Timothy Callahan, the owner of the business.
Callahan said a black male known as “Dollar Bill” and later identified as White exited a vehicle in front of the business and fired three shots from a handgun at another male before walking back to his vehicle and driving west on Spring Street.
The man toward whom White reportedly fired his weapon was identified as Javionte Gilcrease, according to court records.
Security video footage from the business showed Gilcrease standing in front of the bar. White stopped his vehicle in front of the business, exited and walked to the front of his vehicle, brandishing a black revolver. Three unknown males walk toward White, and Gilcrease walked behind them, court documents show.
According to court records, White raised the revolver and fired three shots towards Gilcrease. The unknown males reportedly attempted to stop White from shooting but were unable to do so.
No one was struck by the gunfire.
Callahan identified White and told police he was “100% sure” he was the man who fired the shots.