A man has been ordered to stand trial in the shooting death of a man at a northeastern Pennsylvania party last month.
Joshua Ovalles, 19, is charged in Luzerne County in the July 7 death of 24-year-old Vaughn Kemp in Wilkes-Barre.
Two witnesses testified at a preliminary hearing Wednesday that they saw the defendant fire rounds into the air.
Defense attorney Peter Moses argued for dismissal of the charges, saying “No one actually saw this guy shoot Kemp.”
He said prosecutors had failed to produce a gun, ballistic evidence, gunpowder residue or any other evidence linking Ovalles to the shooting.
Prosecutors, however, said there was no evidence anyone else had a gun and they had offered enough evidence to send the case to trial.
“You don't have to have an eyewitness,” Assistant District Attorney Molly Mirabito said. “Circumstantial evidence is enough to convict on a charge of criminal homicide.”
Magisterial District Judge Martin Kane agreed and sent the case to county court.
Authorities allege in court documents that Ovalles argued with Kemp during the party, and a large group came out from behind the house and someone yelled “East side,” to which Ovalles responded “West side” and fired a gun into the air.
They allege that Kemp threw a beer bottle at Ovalles and fled, and the defendant then shot him twice, according to The (Wilkes-Barre) Citizens' Voice.
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