HOLLIDAYSBURG - The attorney for a New York man who is awaiting trial on homicide charges, wants the prosecution to explain its theory of what happened the night when Willie S. Solomon, 24, was shot to death at Choices Night Club in Altoona.
Attorney Thomas M. Dickey is representing 20-year-old Hugo Baez, who faces charges of first-, second- and third-degree homicide in Solomon's death.
Baez is also charged with providing false identification to police when he was apprehended with a friend, Brandon Midder, in Huntingdon County as the two allegedly attempted to flee the Altoona area.
The prosecution, led by First Assistant District Attorney Jackie Bernard, has filed papers to try Baez and Midder together.
Midder, according to charges against him, aided in the attack against Solomon.
Dickey said in preparing Baez's defense he needs to know the specifics of what the New York native supposedly did on the night of Oct. 31, 2013.
According to court papers, Dickey late Friday filed a request for a Bill of Particulars with the Blair County Prothonotary and Clerk of Courts.
"We want to know what he [Baez] did ... to what extent he was involved with anybody else," Dickey stated in explaining what the court papers meant.
He said he is requesting the prosecution to present its theory of the case, including whether or not it is going to contend the killing was gang related.
Dickey said the prosecution must answer his request and will be bound to the facts it presents to the defense.
The filing Friday was late in the afternoon, and Bernard could not be reached for comment.
Such a request is not filed in all cases, but in a case that could mean a long prison term for Midder and a life sentence for Baez, seeking a Bill of Particulars is not unusual, Dickey said.
Dickey wants to know if the prosecution believes Baez was the principal or an accomplice in Solomon's death, how second- and third-degree homicide charges fit into the case and whether any of the charges will carry sentence enhancements.
Baez is charged with criminal homicide, counts of aggravated assault against Solomon and Solomon's brother, Jacob Dormevil Jr., recklessly endangering, a firearm not to be carried without a license and providing a false identification.
Testimony during the separate preliminary hearings for Baez and Midder, indicated that there was bad blood between those two and Solomon and Dormevil.
The shooting occurred, testimony showed, as Baez and Dormevil were heading out the front door of the night club to supposedly engage in a fist fight.
The video showed Baez pulling a gun and firing it at Dormevil and then turning around.
Baez is charged with then shooting Solomon, who was behind him.
The prosecution announced a week ago that it does not intend to seek the death penalty.
Mirror Staff Writer Phil Ray is at 946-7468.