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Suspect accused of 3rd hit on victim

Shooting set up by phone from jail: Prosecutors

Carter

– It appears Brandon Carter really wants Jaquan Wade dead.

Three times now, the 24-year-old Carter is accused of either shooting at Wade or ordering someone to do it.

During a hearing Tuesday, Allen County prosecutors alleged that in the past few days, Carter initiated another attempt on Wade’s life, this time by communicating on a recorded jailhouse telephone line to his co-defendant Marcus Timmons, who was out on bond.

The recorded phone calls indicated a “camaraderie” between Carter and Timmons and seemed to show that Carter felt he would beat the charges pending against him based on some action the two were going to take, said Allen County Deputy Prosecutor Jack Roebel.

Wade was set to testify against Carter in a trial that was supposed to begin Tuesday, but unbeknownst to Carter, it was delayed because of an unrelated issue with another witness.

About 4 p.m. Monday, police were called to the 2100 block of Fox Avenue to take the report of a shooting. According to a police report, Wade said at about 3:45 a.m., he was “using the facility” and looked out a window in his bathroom and saw Timmons in the back alley, raising a “deuce-deuce” toward the building. He described the gun as something similar to an MP-5, according to the police report.

Wade said he told a woman in the apartment to “stay down.” He said he then heard about three shots and, when he looked out again, saw Timmons running up the alley, according to the police report.

Wade told police he was supposed to testify against Carter this week, and he suggested that Timmons was trying to scare him into not going forward with his testimony, according to the police report.

The woman inside the apartment said she received a telephone call before the shooting Monday that she took as a threat against Wade, according to the police report.

Roebel asked Allen Superior Court Judge Fran Gull to revoke Carter’s bail based on his continued “instability and disdain for the court’s authority,” as well as to restrict his use of the telephone while he remains in custody.

Gull granted the request over the objections of Carter’s court-appointed defense attorney, Zach Witte. The only time Carter can make a call now is to talk to his lawyer, whom he wants to fire.

No additional charges have been filed against Carter or Timmons in connection with the new allegations, but Gull also ordered the revocation of Timmons’ bond and issued a warrant for his arrest Tuesday morning.

According to court documents, Timmons and Carter are accused of shooting Wade in the arm in late August as they drove by him in the 1400 block of Colerick Street.

Carter was charged in August with possession of a firearm by a serious violent felon, a Class B felony. Timmons was charged with resisting law enforcement and, later, a more serious charge of battery, a Class C felony.

While the cases against Carter and Timmons were pending, prosecutors filed a second case against Carter in October, accusing him of again shooting at Wade, this time in early July.

According to court documents, Wade was struck in the arm, this time by pieces of a door at his mother’s house after it was struck by a bullet. Carter was charged with criminal recklessness and another count of possession of a handgun by a serious violent felon.

That case was combined with the first case but later dismissed after Wade’s mother, a key witness in the case, died a few weeks ago, according to court documents.

With his trial reset for June, Carter seemed angry Tuesday morning while attorneys discussed the particulars of the new allegations against him.

He told Gull he wanted a new public defender or was going to hire his own attorney, in part because he did not like how his lawyer was talking with the prosecutors.

“He betrayed me,” Carter said.

Gull reminded him that his attorney had to talk to prosecutors in order to try to negotiate a plea agreement or resolution to the case, something that Roebel told the court is not likely to happen now.

rgreen@jg.net

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