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Several witnesses who failed to appear at a Memphis shooting spree suspect’s preliminary hearing in a Tennessee courtroom on Tuesday now face subpoenas, according to local reports.
Ezekiel Kelly, 19, allegedly shot Dewayne Tunstall in the head in another friend’s driveway early on Sept. 7, then hours later began firing at random targets, killing three people and wounding three more.
The judge assigned to Kelly’s case issued three subpoenas Tuesday for the three no-show witnesses, according to WREG Memphis.
Kelly’s preliminary hearing was rescheduled for Oct. 18, the outlet reported. At that point, the court will decide whether there was probable cause.
Kelly is currently facing one murder charge, but officials are expected to issue more charges as the case moves forward.
The suspect was accused of two counts of attempted murder and reckless endangerment of a third person in 2020. Kelly pleaded guilty to a reduced charge of aggravated assault and served 11 months of a three-year sentence in a county detention center at the time.
The suspect allegedly livestreamed portions of his Sept. 7 attacks on Facebook, including the shooting of an unsuspecting shopper at an AutoZone store on Jackson Avenue.
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State lawmakers have since passed a Truth in Sentencing bill that requires criminals convicted of certain serious offenses to serve 100% of their sentences and negates early release credits and opportunities for parole.
The judge in Kelly’s case told him earlier this month he could receive the death penalty if convicted on the single charge he already faces under Tennessee law.
