A jury trial has been delayed for a man charged with killing an assistant football coach two years ago.
A key witness in the case was arrested Monday after she failed to show up for two depositions last week.
Henry Underwood, 25, was to stand trial beginning today on charges of murder, felony murder and attempted robbery in the May 19, 2017, shooting death of Terrance Miles, 36.
Allen Superior Court Judge Fran Gull said at the end of a pretrial hearing Monday the case would go to trial today. She granted a continuance later in the afternoon at the request of defense lawyers. A hearing is scheduled Friday to set a new trial date.
Monday's hearing was scheduled because witness Natasha Moore failed to show up for two depositions – court-ordered questioning by attorneys – last week. Gull held Moore in contempt of court Friday and issued a warrant for her arrest.
Moore was in the courtroom Monday, and Gull ordered sheriff's officers to take her into custody. Moore told the judge she received only one notice to appear for a deposition and forgot about it.
Gull denied defense lawyer William Lebrato's request to exclude Moore's testimony. Lebrato said Moore showed disrespect for the system by not attending the depositions.
After Monday's hearing, Allen County Deputy Prosecutor Jeff Stineburg said he would have asked for the trial to be delayed had Moore failed again to show up.
“She's an important witness,” he said.
Miles was an assistant football coach at North Side High School and administrative assistant at Forest Park Elementary. He was shot multiple times and found by police in a grassy area near the East Central Towers apartment complex just east of downtown.
Jaevin Bowie, 22, pleaded guilty in July 2018 to aiding a criminal and attempted theft in Miles' death.
Police said Bowie told detectives in an interview that Underwood walked up to Miles and shot him several times. Surveillance video shows Bowie moving toward a trash chute at the building where two guns were discarded, he reportedly told police.
In March, Underwood claimed Bowie's statements were untrue, saying Bowie changed his story after being confronted by police.