Mall shooting trial moved to December
Published 6:49 pm Tuesday, October 8, 2013
The murder trial for a 26-year-old Tyler man accused in a February shooting death at Broadway Square Mall has been delayed until December, the defendant’s attorney confirmed Tuesday.
Ricky Neal Jr., is accused of shooting and killing 23-year-old Chris Mass at the mall on Feb. 9. A tweet that police said Neal sent to another man’s girlfriend sparked an altercation that preceded the shooting.
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Neal, who has been held in the Smith County Jail since February on bonds totaling $1.25 million, is charged with murder, a first-degree felony, and aggravated assault with a deadly weapon, a second-degree felony. He faces up to life in prison if convicted. The trial had been scheduled to take place in the Smith County 7th District Court with Judge Kerry Russell presiding.
Defense attorneys F.R. “Buck” Files and Brett Harrison said both sides had filed a joint motion for continuance but declined to give a reason for the filing, saying the case was still pending.
During a Tuesday pretrial hearing, defense attorney Brett Harrison objected that prosecutors would limit the defense’s ability to cross-examine prosecution witnesses to see whether they are street gang members. Harrison had said in court that the defense would argue that their client acted in self-defense.
“It’s up to the jury to decide if it was self-defense, but the defense can request to approach the bench before asking about street gangs,” prosecutor Chris Gatewood told the judge. Gatewood added that there is a possibility that some of the witnesses the state would call could be gang members.
In court, Harrison noted an interview Tyler police spokesman Don Martin gave to the media shortly after the February incident. During the interview, Martin stated that police did not think the shooting incident was self-defense.