COLUMBUS, GA (WTVM) - A 2015 murder case is resurfacing in a Columbus courtroom.
Joseph Kimble was arrested two years ago in connection with the fatal shooting of Blake Berry.
Berry was shot and killed at an Independence Day house party in South Columbus.
However, Kimble was never actually accused of the death.
Friday, during a status hearing for the trial, defense attorney, William Kendrick asking presiding Judge Frank Jordon to reconsider the case.
This comes after the death of the suspect investigators believe is responsible for shooting and killing the victim, Berry.
"Another individual was really thought to be the murderer in this situation, Mr. Kimble was allegedly tied to the scenario, but not believed to have done the killing," said Defense attorney for Kimble, William Kendrick.
Joseph Kimble sitting in the Muscogee County Jail facing charges of involuntary manslaughter, reckless conduct, possession of a firearm by a convicted felon, tampering with evidence, and false statements.
Kendrick says this strategy for pinning to a crime not committed is unwarranted. He says all the charges stem from being present and involved at the deadly party.
Kimble reportedly was friends with the victim and transported Berry to the hospital following the shooting.
"It's one of those tricky things, I think the officers involved knew the only way to solve this thing was to charge Mr. Kimble in the way that they did. It just kind of created this situation we have now with Mr. Kimble, but I think he should be home soon," said Kendrick.
Judge Jordan says the case will be reviewed in the coming weeks.
Kimble remains in jail on a $40,000 bond.