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Last updated on Monday, August 6, 2018
(BEDFORD) - The jury trial for Evan Schaffer, who is accused of murdering 25-year-old Justin Lampkins at the Bedford McDonald’s drive-through, is set for Tuesday at Lawrence Superior Court I.
Judge John Plummer II will preside over the trial. Prosecutor Michelle Woodward is presenting the case for the state. Court records for the case are sealed.
Lawrence County Chief Public Defender David Shircliff maintains that 23-year-old Schaffer acted in self defense when he shot and killed Lampkins during the early morning hours of April 23, 2017.
Using video taken from a McDonald's security camera, Shircliff argued that during an earlier hearing Lampkins, a former United States Marine, grabbed Schaffer by the throat and was about to hit him with a small wooden weapon before Schaffer shot him. Schaffer, of Orleans, in addition to being charged with murder is also facing charges of pointing a gun at Lampkins, carrying a handgun without a license and battery resulting in bodily injury.
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 Lampkins' truck. Lampkins gets out 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 police say Schaffer initially resisted arrest, but was never charged with that crime.
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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