Last updated: August 21. 2013 12:16PM - 4107 Views
By - elewis@timesleader.com

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WILKES-BARRE - Two witnesses called to testify by Luzerne County prosecutors Wednesday said Joshua Carlos Ovalles fired shots in the air.

They said they did not see Ovalles, 19, aim and fire a pistol at Vaughn Kemp outside 174 S. Grant St., Wilkes-Barre, where a party was being held.

Kemp died from multiple gunshot wounds, testified Luzerne County Deputy Coroner Dan Hughes, who noted the death as a homicide.

Despite the lack of eyewitnesses, District Judge Martin Kane said prosecutors established a case against Ovalles sending an open count of criminal homicide to Luzerne County Court.

A teenage boy and Ramon Duval, 22, who both needed interpreters, said they were at the party on July 6 into July 7 when Ovalles fired rounds into the air. The boy said he was inside the house and looked out the window after hearing gunfire. Duvall said he ran when he heard the gunshots and did not know if Kemp had ran away as well.

The boy and Duval were the only witnesses called to testify by assistant district attorneys Mamie Phillips and Mary Hanlon Mirabito.

Ovalles’ attorney, Peter Moses, said the case has “many holes” and pledged to defend his client at trial.

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