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Last updated on Wednesday, May 31, 2017
(BEDFORD) - The defense for accused murderer Evan Schaffer has asked for a change of venue.
Schaffer, 22, is accused of shooting and killing 25-year-old Justin Lampkins in the Bedford McDonald's drive-through on April 23. He is facing charges of murder; pointing a firearm, battery resulting bodily injury and carrying a handgun without a license.
Chief Public Defender David Shircliff, who is representing Schaffer, says his client cannot receive a fair trial in Lawrence County citing public hostility against his client in addition to public outrage over the alleged incident. He also noted that any jury would be prejudiced by news reports, public speculation opinions of his client's personality and character, disclosure of inadmissible evidence and the existence of a prior criminal record.
A hearing for the motion on the change of venue is currently set for 1 p.m. on June 12 in Lawrence Superior Court I. A jury trial is tentatively set for July 24.
The Crime
Bedford Police officers were called to the parking lot of McDonald's after a report of a physical fight. But before they arrived, one male had been shot and the shooter had fled the scene.
When officers arrived they found Lampkins on the pavement outside of his pickup truck. He was not able to tell police what happened. He was taken to IU Health Hospital where he later died from his injuries.
Surveillance video captured the incident. According to police, three vehicles were in line at the drive-through around 1:19 a.m. on April 23. The first vehicle was a truck with Schaffer inside, the second was a car, and the third was a pickup truck with Lampkins as the driver.
Witnesses told police someone honked a horn, and Schaffer exited the truck. He was upset and passed the car and went to Lampkins' truck. He reached inside the truck's window and hit Lampkins several times.
The video shows bystanders attempting to stop Schaffer and attempting to get him back into the truck. The video then shows him walking around upset and he and Lampkins yelling at each other.
After a few minutes, Schaffer returns to Lampinks' truck holding a small wooden club. The two engaged in a short physical altercation before Schaffer pulled out a handgun and shot Lampkin in the chest.
Schaffer then got back in his truck and fled south on Plaza Drive South.
Police pulled the truck over at State Road 37 and Patrick Robbins Way, where Schaffer initially resisted arrest. Police say a 9mm handgun used in the shooting was thrown into some weeds near where the truck was pulled over.
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