NEW ORLEANS (WVUE) - A criminal court judge moved the trial of the accused Bourbon Street shooter to next year to help the state line up its witnesses.
Trung Le, 21, is being represented by Martin Regan. Regan said last week that he was ready to go to trial on Dec 1. Regan claimed that prosecutors wanted to delay the trial, pushing for a January court date.
Regan was not in court on Friday, but was represented by Gary Wainwright. The state told the court that witnesses were unable to make the Dec. 1 trial. Subpoenas were sent out this week to 39 people. Victims from Australia and Chicago could not make it to the trial. The Dec. 1 date was set for the judge's convenience of schedule. However, the state wants to accommodate the witnesses.
Wainwright wanted each witness to be named and the reason for their absence of trial noted. He said the event was captured on video, so there was no need for witnesses.
The judge decided to move the trial to Feb 23. Another hearing is set for Dec. 1.
Regan argued Le was acting in self defense on June 29 when 10 people were shot on Bourbon Street. Brittany Thomas, 21, was killed in the shooting. Regan said he has compelling evidence that Le was not the aggressor in the shootout, and that he did not fire the shot that killed a college student.
Le's attorney also stated that video he received from the district attorney's office clearly shows the second shooter, a man walking down Bourbon Street at 2:45 a.m. slinging a gun in his left hand. Regan said the video shows the same man approaching Le and his friends, raising his gun in the air. After that, he says you can see him open fire.
"The second shooter is right here, pointing his gun down the street, shooting at everyone he can on the street, shooting wildly down the street," said Regan.
At some point, Le does shoot at the other gunman. Regan argues it was only in self defense and that he was actually near 21-year-old Brittany Thomas when she was killed.
Le is charged with manslaughter and one count of attempted murder.