trial likely in proof killing

[rory]

sorry if this was posted.....
Neither man came into the after-hours club packing, but Detroit rapper Proof and bouncer Mario Etheridge grabbed guns during a fight over a pool game and started shooting, a lawyer said Wednesday.

When the gunshots stopped, Proof, 32, and Keith Bender Jr., 35, were fatally wounded -- Proof died instantly, Bender a week later.

Etheridge's lawyer, Randall Upshaw, said Proof, born Deshaun Holton, had been bar-hopping prior to the shootings and was drunk and belligerent when he entered the C.C.C. nightclub on 8 Mile during the early morning hours of April 11.

Proof pistol-whipped and shot Bender before Etheridge got a gun from someone and shot at Proof, killing him, Upshaw said.

"There was no murder," Upshaw said, referring to Etheridge. "The only thing Mario did was defend or attempt to save the life of Mr. Bender."

Etheridge, 28, of Detroit appeared Wednesday in 36th District Court in Detroit on felony charges of carrying a concealed weapon and discharge of a firearm in an occupied building. With Upshaw at his side, Etheridge waived his right to the preliminary hearing, meaning the case is headed to trial in Wayne County Circuit Court, barring a dismissal or plea agreement.

Upshaw said he saw no need for the exam, which usually serves as a mini-trial, and said he intends to prove that Etheridge did not carry a gun, but rather picked up the gun during the fight. Etheridge has not been charged with murder.

Proof's attorney, David Gorosh, listened and shook his head as Upshaw spoke to reporters.

"I believe that this investigation is ongoing and continuing and it's far from over," Gorosh said. "And so we wait patiently to get the results of the very definitive evidence in this case."

Gorosh wouldn't comment on the possible evidence; investigators still are awaiting ballistics results from the shootings.

Proof was a best friend of rapper Eminem and a member of the rap group D12. The Wayne County Prosecutor's Office still is investigating the circumstances surrounding the shootings.

According to a police report obtained Wednesday, Proof got into an argument during a pool game with another man and turned his anger to Bender at some point.

"You want some of this?" Upshaw said Proof told Bender.

A fight ensued and Etheridge fired two rounds into the ceiling attempting to quell the situation, according to the police report in Etheridge's court file. Upshaw said Etheridge got the gun from an unknown person.

Proof left at some point, returning with a gun he retrieved from a friend, Upshaw said. Proof pistol-whipped Bender before shooting him in the face, Upshaw said.

Police said Etheridge shot Proof, killing him. Neither gun has been retrieved, police said.

Bender, a U.S. Army veteran of Operation Desert Storm, died April 18 after a week in the hospital. His funeral is today at New Galilee Baptist Church in Detroit.

If convicted, Etheridge could face a maximum of five years in prison on the concealed weapon charge and four years on the discharging a firearm count. Etheridge is free on bond. He declined to comment.

source: freep.com

[Vengeance]

thnx for the news

[Vengeance]

woohooo yeh!!! unless its named different. you gotta be careful i made the mistake loadsa times b4

[Ethos]

now thats some news