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Last updated on Wednesday, August 16, 2017
(BEDFORD) - Evan Schaffer will face a jury of his peers on April 2.
Schaffer is accused of killing 25-year-old Justin Lampkins during a dispute at the Bedford McDonald's drive thru on the 23rd of last April.
The trial in Lawrence County Superior Court I is scheduled for two weeks.
Judge Michael Robbins scheduled a status conference for Dec. 5 at 1 p.m. and a final pretrial conference for Feb. 22 at 10 a.m.
Schaffer, 22, is facing charges of murder, pointing a firearm, battery resulting in bodily injury and carrying a handgun without a license
Schaffer's attorney, Lawrence County Chief Public Defender David Shircliff, says his client was acting in self-defense when he fatally shot Lampkins, but police say Schaffer instigated the incident.
A six minute surveillance video from the restaurant shows Lampkins holding a 18-inch wooden club during the encounter with Schaffer. Police say it is the same kind of club that truck drivers use to hit their tires to check air pressure.
Shircliff says the video shows Lampkins as the aggressor and Schaffer was only defending himself.
Surveillance video captured three vehicles 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 that someone honked a horn and Schaffer exited the truck. He was upset and passed the car and went to Lampkins' truck. He then reached inside the truck's window and hit Lampkins several times.
The video then shows McDonald's employees stepping in and breaking up the fight at Lampkin's vehicle. Those employees told Schaffer to go back to his truck, which he did.
A minute later, the video shows Lampkins moving his truck forward a few feet and Shaffer getting out of his truck again, this time with Lampkins getting out holding the wooden club and walking towards Schaffer.
The two engaged in a short physical altercation before Schaffer pulled out a handgun and shot Lampkins in the chest.
Schaffer then got back in the truck and fled south on Plaza Drive South.
Police later pulled the truck over at State Road 37 and Patrick Robbins Way, where Schaffer initially resisted arrest. A 9mm handgun used in the shooting was thrown into some grass near where the truck was pulled over.
Schaffer's attorney says Bedford Police officers used a stun gun several times on Schaffer and stomped on his head while Schaffer was on the ground, face down and in handcuffs. He says there is body camera video of some of that, but then the cameras were shut off. Shircliff claims Schaffer suffered a head injury, black eye and several marks from the stun gun.
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