While defense attorney Joseph Caleb attempted to at least reduce the ruling to probable cause, Judge Karen Howze determined substantial probability based on witness accounts. Howze argued that even the witness’s accusation that he was playing with the gun was enough to constitute substantial probability.
According to the charging documents, a witness saw Franklin, also known as “AJ,” pointing a handgun at Jones and “playing” with the gun. The same witness observed Franklin and Jones in a verbal argument and shortly after, heard a gun shot in the vicinity.
Charging documents state another witness saw Franklin several feet away from Jones, saw him shoot twice, and watched Jones fall to the ground.
A preliminary hearing was scheduled for April 29 with Judge Ramsey Johnson.