The murder trial of a Fort Wayne man accused of killing a popular assistant football coach two years ago will begin Tuesday, despite a request from prosecutors to postpone the case.
They sought the delay today and unsuccessfully challenged a move by defense attorneys Aaron Stoll and William Lebrato to add as a witness a man who pleaded guilty to neglect in the death of a child in a separate case.
Shane Patton has information about Underwood's case and could testify Wednesday or Thursday, Lebrato said.
Patton, 32, admitted his role in the death of his then-girlfriend's 2-year-old daughter last year and was sentenced last week to 16 years, with two years suspended and 14 years behind bars. He was housed on the same cell block at the Allen County Jail as Jaevin Bowie, who was with Henry Underwood May 19, 2017, when Terrance Miles, 36, was shot and killed outside East Central Towers.
Neither Stoll nor Lebrato indicated what Patton's testimony might be.
Defense attorneys said they learned Friday about Patton's information and invited prosecutors to the jail to talk to him.
Deputy Prosecutor Jeff Stineburg said in court today neither he nor anyone else from the prosecutor's office was available at that time.
Allen Superior Court Judge Fran Gull approved adding Patton as a witness and denied prosecutors' motion to delay the trial.
Underwood is charged with murder, felony murder and attempted robbery. He shot Miles to death after Underwood and Bowie were rooting through cars at the apartment complex, according to court documents.