ST. JOSEPH — A man who is alleged to have shot his former girlfriend was bound over for trial Tuesday on a charge of assault with intent to murder and several lesser charges.
Trial was set for Jan. 28, 2020, for Dewayne Osler, 27, of Benton Harbor. He is alleged to have shot and injured Ashley Rockett, 27, in the upper right arm outside a house in the 1300 block of Agard Avenue. That is a Benton Township address, but the woman made her way to the Sunny Spot gas station along Pipestone Street in Benton Harbor and called 911.
Benton Harbor Public Safety Officer Trevor Wortman testified Tuesday that he responded to a call at about 1:20 a.m. on Sept. 16 regarding someone having been shot. He arrived at the Sunny Spot at 895 Pipestone St. to find a woman bleeding from her right arm. He applied a tourniquet while awaiting an ambulance, Wortman said.
He said the woman was crying and screaming and said she’d been shot outside a house on Agard Avenue. Once the victim was taken by Medic 1 to Lakeland Medical Center, St. Joseph, police went to the Agard Avenue area and spoke with a man and two women.
They denied knowledge of the incident other than to say they had heard some gunshots.
Wortman said that while police were questioning the people, the man fled on foot. Police were able to catch him. He was identified as Osler, and was arrested on a charge of assaulting/resisting and obstructing police.
After further questioning of Rockett, the alleged victim, by Benton Township Police Patrolman Andrew Laylon, Osler was further charged with assault with intent to murder, possession of a firearm by a felon, carrying a concealed weapon and two counts of weapons felony firearms.
At the conclusion of testimony at Tuesday’s preliminary hearing for Osler, Berrien Assistant Prosecutor Taylor Koch asked for a lesser included charge of assault with intent to do great bodily harm.
Assistant Public Defender Jolene Weiner objected to the bindover, saying there was no evidence of a domestic relationship between Osler and Rockett, no weapon was found and that Rockett, in an attempt to spray Osler with mace, accidentally maced herself and could not see well enough to know who shot her.
Judge Angela Pasula said she found probable cause enough to send the case on to trial on all charges.
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