“It is my opinion that a trained lawyer will defend you far better than you can defend yourself,” the judge said. “It’s usually unwise for defendants to represent themselves at trial. You’re not familiar with the law, you’re not familiar with handling a trial, you’re not familiar with court procedures, you’re not familiar with the rules of evidence. I would urge you not to represent yourself.”
Kirk McVay was Brown’s fifth attorney in three years, so now Brown will be without legal counsel as he fights several charges that, if convicted, could land him in prison for life.
Brown said his now-former attorney had been “ineffective.”
“I can’t proceed to trial without the evidence I need. It’s my whole point of representing myself,” Brown told the judge, saying he wants to bring in expert witnesses and see more complete videos, not the “chopped up” clips the prosecution has delivered.
The upcoming two-week trial is the fifth set, and Haughey said no more continuances will be granted as the case has been going on for three years. He also said he will be all alone to defend himself against a murder charge and an aggravated murder charge, each of which has a maximum of life sentences. At minimum, he could be sentenced to 15 to 30 years, respectively, on those charges.
Credit: Nick Graham
Credit: Nick Graham
Brown also faces two counts of aggravated robbery (three to 11 years for each count) and single counts of felonious assault (two to eight years) and having weapons under disability (up to three years). The jury, though, will only decide Brown’s fate on the murder, assault and robbery charges, which have additional gun specification charges. Haughey will determine guilt or innocence on the charge of having weapons under disability.
Because Brown was charged in a separate case in late 2021 with aggravated robbery, and indicted in December 2021, he was prohibited from possessing a firearm. However, the judge will try that charge separately to avoid tainting jury perceptions.
Brown is accused of shooting and killing Adam Black, 35, of Hamilton, and shooting and wounding Walmart employee Eric Ruff, 57 at the time of the shooting, of Fairfield. Black had recently moved to the area and learned he was going to be a father.
Multiple Walmart store cameras recorded a man fitting Brown’s description on May 26, 2022. Prosecutors said he was seen being dropped off and walking into the store.
Haughey said he will bring in 150 potential jurors, a significant amount more than typical, because of this case’s age and past media attention.
McVay will stay on as standby counsel as appointed by Haughey. If Brown changes his mind between now and the conclusion of the trial, McVay, who will be privy to documents and attend hearings and the trial, will again become his attorney.
“I think the court has made it very clear on a number of cases that I think it’s foolish for you to get rid of Mr. McVay,” said Haughey, pointing out that many new attorneys have trouble navigating court procedures and practices. “You are cutting off your nose to spite your face when you say, ‘I’m going to do this on my own.’”
Credit: Nick Graham
Credit: Nick Graham
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