The attorney for two Clarksville men accused of shooting two other men — and killing one of them — in September claims a video of the confrontation shows his clients fired in self-defense.
Hersey Mitchell, 23, and Louis Spencer, 22, appeared in Christian Circuit Court Wednesday with their attorney, Rick Boling. Mitchell is accused of killing Shannon Fairley.
Spencer is accused of shooting another man, Desmond Leavell, who survived. Spencer is charged with assault while Mitchell faces a murder charge.
The shooting happened Sept. 23 outside the Mapco convenience store in Oak Grove. Boling said a video from the gas station shows one of the alleged victims fired at Spencer before Spencer shot back. Boling also said the video shows Fairley threatening Mitchell before the shooting.
Boling has tried to have the video blown up, but was told it isn’t possible because of its pixel rate. He said he plans to project the video on a big screen TV and go through it frame by frame. He also said he plans to use still images as evidence.
Boling said the Oak Grove Police Department still has a car that was used in the incident. The car belongs to Spencer’s mother, and Boling thinks it should be returned to her.
Commonwealth’s Attorney Lynn Pryor said she thinks Oak Grove police may want to keep the car a little while longer. Because the incident also involved Clarksville police, they might have some interest in it as well, she added.
Boling responded that he can’t think of any evidentiary value the car might still have. Christian Circuit Judge John Atkins set another pretrial conference for Monday, stating that a representative from OGPD needs to come and explain why the car shouldn’t be returned.
A trial date is set for Aug. 26 to 30.
REACH DENNIS O’NEIL at 270-887-3240