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WILKES-BARRE — A Luzerne County judge has granted a defense request to delay a homicide trial to late summer.
Keith Williams, 42, is accused of shooting Brock Earnest, 40, of Montandon, once in the chest with a shotgun in Williams’ home in January 2017. He was originally set to go to trial April 30.
But the defense for the Fairmount Township man asked for more time to prepare.
Williams’ attorney, Demetrius Fannick, filed a motion for continuance, saying the defense has been having difficulty locating a material witness who reportedly lives out of state.
Fannick also said he needs more time to review medical records acquired by the defense, especially since he’s assigned to 39 cases this trial period.
In Thursday’s brief hearing, prosecutors raised no objection to moving back the trial. Judge David W. Lupas set a new date of Aug. 27, with a status conference set for July 7.
Police say Williams shot Earnest after a playful fight between them turned violent.
Earnest had been invited to Williams’ home on Jan. 12, 2017, by Williams’ girlfriend, Diedre Depiero. Depiero said she invited him after Earnest confided in her that he was “dying of cancer.”
The two men went outside to fire shotgun rounds.
When they went back inside, Depiero told police they began to fight, with Earnest telling Williams to “fight back.”
Depiero said Williams retrieved the shotgun from a bedroom in response, and allegedly fired at Earnest’s chest.
Williams told police Earnest was “hitting on” Depiero, and he felt “threatened” by him, court records show.