A judge could decide Monday whether to delay the retrial of a Merrillville man charged in the 2016 shooting death of Codi McCann outside a Fort Wayne bar.
Jurors in September deliberated for more than 10 hours but couldn't reach a verdict in the murder trial of Quentin Stewart, 29. He remains charged with murder in the slaying, and a three-day trial is scheduled Dec. 3.
Defense attorney Aaron Stoll filed paperwork Friday in Allen Superior Court asking that it be postponed.
“Additional time is needed to prepare the defense,” the document states.
Judge Fran Gull will consider the request Monday.
McCann, 22, was killed as he sat in the passenger seat of a car parked Dec. 6, 2016, at State Bar and Grill on East State Boulevard. Prosecutors said the shooting happened as part of a “drug rip” – a botched robbery over drugs.
Stewart's DNA was found on a .45-caliber handgun used in the shooting, they said. Stewart testified he shot McCann after McCann first pointed a gun at him and fired. Stoll argued at trial a key witness for prosecutors – Zachary Bailey, who drove McCann to the bar but was not with him when he was killed – lied to investigators and should not be trusted.