Defense attorneys motion to strike witness testimony in 4th Quarter Bar Murder trial

(Source: Sharifa Jackson/WTVM)
(Source: Sharifa Jackson/WTVM)

COLUMBUS, GA (WTVM) - It is now going into week 2 of the trial for the three Columbus men accused of killing 33-year-old Dominic Mitchell at the 4th Quarter Bar and Grill in October of 2015.

Monday, testimony was filled with scene witnesses and officials as prosecutors continue to present their argument.

The trial encountered a slight setback after a witness refused to name Columbus police officers said to be affiliated with the Outcast Motorcycle gang during cross-examination.

One of the many witnesses who took the stand today was Mr. Gregory Fleming, Vice President of the Strikers Motorcycle Club.

Like his fellow strikers partner who testified last week, Fleming was also at the scene of the deadly bar shooting.

Fleming identified twp out of three of the defendants from the stand; Demark Ponder and Daginald Wheeler as being involved in the 4th Quarter that night.

"We already knew that it was threats that they were coming up here, up to our meet and greet to start some stuff, we tried to prevent it from happening by trying to greet them outside. Just about everybody that came in that club was fighting somebody, and they were fighting the wrong people, cause half the people that were there weren't even with the motorcycle club," Fleming said.

Prosecutors are trying to form their argument that the Outcast Club is an organized gang. While defense attorneys say the Outcast club is not a gang, but rather a group of 'law-abiding citizens.'

During Fleming's testimony, he told the court that local law enforcement members have affiliations with the Outcast Bike Club.

However, during cross-examination, the Fleming refused to name the individuals associated with the club, citing safety reasons for his refusal.

Stacey Jackson, attorney for Daginald Wheeler motioned to have Fleming's entire testimony stricken from the trial record. 
Prosecutors argue that the information is irrelevant.

None of the law enforcement members were reportedly involved in the 2015 shooting.

Judge Bobby Peters, who is presiding over the case, says he'll consider the motion and will have an answer Tuesday morning.

The trial is set to resume Tuesday morning at 9.

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