A College junior accused of attempted murder will learn next week if his case will move to trial.
Police arrested Bryan Warner Feb. 8, saying that he shot a West Philadelphia man in the leg outside of a deli near the intersection of 52nd and Spruce streets.
He was identified out of a photo lineup as the gunman by the victim and a witness.
Warner faces a preliminary hearing Wednesday.
The hearing was initially scheduled for Feb. 16 but was postponed after Penn's Division of Public Safety sent surveillance footage related to the case to the district attorney's office.
Warner's lawyer, Richard Harris, said that the tape could possibly confirm that Warner was on campus around the time of the shooting.
He has also said that two witnesses can corroborate that Warner was inside the St. Elmo fraternity house, where he is a member, when the incident occurred.
At Wednesday's hearing, the prosecution will attempt to produce enough evidence for a judge to determine that the case requires a trial, Penn Law professor David Rudovsky said.
"The prosecution must show probable cause that a crime was committed and that the defendant committed that crime for the case to move forward," he said.
Harris said that he couldn't speculate about what the prosecution will present at the hearing, though he added that he doesn't expect the case will move to trial, citing a lack of evidence on the prosecution's part.
"The only evidence that they have is the evidence they've always had, which is a false identification," Harris said.
Though Harris initially said that he would consider asking the judge for an in-person lineup, he said that he now has no motions planned for the hearing.
The Philadelphia District Attorney's office would not comment on the case.
Rudovsky said that he couldn't speculate about the outcome of Warner's hearing, but he added that there is not usually a high burden of proof on the prosecution to demonstrate that a trial is necessary.
A case normally lasts between six months and one year before reaching trial, he added.
Police obtained Warner's mug shot last year when he was arrested in connection with a fight.
Though Warner was cleared of any wrongdoing in that incident, police kept his photograph on record.
He is charged with attempted murder, aggravated assault and related offenses and was released on $50,000 bail following the arrest.
