College junior Bryan Warner is scheduled for a preliminary hearing this morning, but his lawyer says that newly released surveillance tapes may cause a delay in the proceedings.
Warner is charged with the attempted murder of a West Philadelphia man who was shot in the thigh outside of a deli at 52nd and Spruce streets last month. He was arrested Feb. 8 and spent two days in jail before being released on bail.
Warner's lawyer, Richard Harris, said that the University recently sent several campus surveillance tapes to the district attorney's office. The tapes may contain footage proving that Warner was on campus at the time of the shooting, Harris said.
"University officials have already isolated where Bryan was," Harris said. "Based on the info I provided them, they know exactly where he was at and at what time."
Harris added that the tapes may cause prosecutors to ask for a later preliminary hearing date to give them time to examine the tapes and determine whether Warner was on campus at the time of the shooting.
But Philadelphia Police Lt. John Walker, the lead investigator on the case, said that he isn't aware of any such tapes.
"We don't have anything from the University," said Walker. "They would have called me."
At the preliminary hearing, a judge will listen to the facts of the case and decide whether prosecutors have enough evidence against Warner for the case to go to trial.
Warner also faces charges of aggravated assault and other related offenses.
Warner was arrested after the victim and a witness identified Warner as the shooter in two separate photo lineups. The police had Warner's photo on record because he was arrested last year in connection with an on-campus fight. Warner was eventually cleared of all charges in that matter.
Police arrested Warner at the St. Elmo fraternity house, where he is a brother.
"We don't execute an arrest warrant without having probable cause," Walker said.
But Harris says that Warner was on campus at the time of the shooting and that several other people can vouch for the fact.
Warner is "extremely upset" about the situation, Harris said. "He's the wrong person. He wasn't there."
