It All Started With A Car Horn Sounding

Last updated on Monday, August 13, 2018

(BEDFORD) - The jury began hearing testimony this morning in Lawrence County Superior Court I in the murder trial of 23-year-old Evan Schaffer. Judge John Plumer III is presiding over the trial.

Justin Lampkins

The incident that left 25-year-old Justin Lampkins of Bloomington dead all started with a car horn sounding.

Evan Schaffer

Schaffer is accused of murdering Lampkins at the Bedford McDonald's drive-through during the early morning hours of April 23, 2017. Schaffer, of Orleans, is also facing charges of pointing a firearm, carrying a handgun without a license and battery resulting in bodily injury.

Deputy Prosecutor Rebecca Sharon told jurors during opening statements that Schaffer was looking for a fight. That fight started after someone honked their horn while in the McDonald's drive-through.

Schaffer confronted and fired one shot into the heart of Justin Lampkins.

When Bedford Police officers arrived on scene they found Lampkins on the pavement outside of his pickup truck. He was rushed to IU Health Hospital where he died.

Sharon says the incidents leading up to the murder were captured on McDonald's security video and it shows Schaffer murder Lampkins.

But Lawrence County Chief Public Defender David Shircliff and his team, who are representing Schaffer, say the video will prove Schaffer killed Lampkins in self-defense.

Defense Attorney Jennifer Schlegelmilch said the incident lasted less than 30 seconds.

She claims after the confrontation with Schaffer, Lampkins, a former United States Marine, launched out of his truck with a tire knocker. A tire knocker is a wooden device that truck drivers use to check air pressure in their tires. A tire knocker looks something like a sawed-off baseball bat. It often has a ridged handle and a leather strap.

She reported that the video shows Schaffer place his hands up in a defensive stance. Then, Schaffer pulls the gun from his waistband and points it at the ground.

Schlegelmilch says the video shows Lampkins being the aggressor.

"Justin pushes Evan back, then pulls him forward and pushes him back again," she tells jurors. "The gun is still pointed down."

She claims Justin then wraps his fingers around Schaffer's throat and that is when Schaffer raises the gun to fire one shot.

"Evan looks stunned and then walks away. He gets in the truck and they drive down Plaza Drive where they pull over and wait for police," Schlegelmilch added.

She says police made up their mind that Schaffer was guilty before their investigation began.

"Any thing they heard they either ignored or changed it," she added.

Jurors then heard testimony from Justin Grissom, who was in the vehicle with Lampkins and Jennifer Patterson.

He testified that Schaffer was the aggressor.

He told the jury the three were at the casino in French Lick, IN and had been playing slot machines for several hours. After they were done, the three were headed back to Justin's house in Bloomington when they decided to stop at McDonald's and grab something to eat.

"We were in line when someone honked the horn," he told the jury. Then this guy, (who he identified in court as Schaffer) gets out and approaches the red car in front of us. He then comes up to Justin's truck and is yelling and punches him through the window numerous times. The employees came out to get him to go back to his truck. He comes back again and then a third time and that is when Justin gets out of the truck while I am on the phone with 911."

Grissom says Schaffer pointed the gun at Lampkins' head. Lampkins swatted the gun away and he pushed Schaffer back. That is when Grissom says he heard a shot and Lampkins went to the ground.

"He (Schaffer) just turns and walks back to his truck and they leave," Grissom says.

Police say Schaffer fled south on Plaza Drive South. Police pulled over the truck at State Road 37 and Patrick Robbins Way, where police say Schaffer initially resisted arrest, but he was never charged with that crime.

Police say the 9mm handgun used in the shooting was thrown into some weeds near where the truck was pulled over.

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