A Lincoln County District Judge has denied motions for immunity for two men charged in a shooting at an On Cue in Stroud over a year ago.
The shooting reportedly occurred on Oct. 9, 2021.
District Judge Cindy Ashwood originally heard motions Sep. 20 on eligibility of immunity hearings for Jeffrey Lee Battey, 57, Ponder, Texas and Ray Arnold Allen, 52, Krum, Texas, in connection with the shooting.
The two defendants were seeking immunity from prosecution.
She further scheduled the cause for Monday of this week. On Monday, after listening to testimony from both defendants and hearing arguments, she ruled, “Evidence does not support immunity, motion overruled.”
Judge Ashwood set 9:30 a.m. on Nov. 29 to hear further motions.
The State Attorney General’s Office filed charges last October in Lincoln County District Court on Jeffrey Lee Battey, 57, Ponder, Texas and Ray Arnold Allen, 52, Krum, Texas, in connection with the shooting.
At the conclusion of a preliminary hearing in July, they were bound over to stand trial.
Their arraignments had been scheduled for July 12. On that date, Lincoln County District Judge Cindy Ashwood, by agreement of both parties, continued their arraignments until 9:30 a.m. Aug. 30.
On Aug. 30, Judge Ashwood, continued their arraignments and set 9:30 a.m. on Sep. 20 as the date to hear arguments on pretrial motions.
Battey and Allen were bound over on a single count each of Assault and Battery with a deadly weapon.
Battey was charged with assault and battery with a deadly weapon and assault with a dangerous weapon.
During Battey’s court appearance on Aug. 30, Judge Ashwood denied a motion for change of continued pre-trial release conditions which had been filed earlier by his attorney on his behalf.
She will hear arguments Sep. 20 on motions filed Aug. 11 including to quash evidence adduced at preliminary hearing and memorandum of law in support; a motion for discovery and inspection and memorandum of law in support; and a motion for defense expert to examine original video and/ or video recording.