Next week’s trial date for one of the three men charged in a shooting outside the Princess Theater in November 2021 was vacated on Tuesday following an evidentiary hearing, and two of the suspects may need new counsel.
During that shooting, 21-year-old Aniya Collins was killed while a second person was shot in the leg.
Hopkinsville Police said Jaquavian Spencer and Zamarius Humphries got into an altercation and began shooting at each other. Deovion Day also began shooting with police saying that’s when the women were caught in the crossfire.
Day is charged with murder, first-degree assault, and possession of a handgun by a convicted felon. Spencer is charged with first-degree assault and convicted felon in possession of a handgun. Humphries is charged with complicity to first-degree assault and convicted felon in possession of a firearm.
During Tuesday’s evidentiary hearing, arguments were heard concerning the admissibility of Snapchat videos between Cortez Hairston and Spencer. Hopkinsville Police Detective Mike Luckingham testified the video of a phone call between the two was found during their investigation of the murder of Adrian Acree, who Hairston is charged with killing.
Luckingham said the conversation contained a confession from Spencer of his involvement in the shooting outside the theater.
Sands Chewning, the defense attorney for Spencer and Humphries, questioned Detective HPD Shawn Bean about the authenticity of the video recording on the app.
click to download audioChewning said some questions remained about the video.
click to download audioAfter arguments from Chewning, Day’s defense attorney Daniel Whitley, and Commonwealth’s Attorney Maureen Leamy, Judge Andrew Self ruled the video could be admitted at trial with the jury to determine its authenticity.
Judge Self also ruled the video could be shown whether the defendants were tried together or separately, which creates a conflict for Chewning and his clients.
click to download audioWhen asked by Judge Self whether he could continue to represent both of his clients, Chewning said it was unlikely.
click to download audioInstead of a trial starting next Monday as planned, the trial date was vacated and another hearing was scheduled for June 19.
