Suspect in bar fight death says Altoona police mishandled evidence
Lopez seeks to have third-degree murder case dismissed
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HOLLIDAYSBURG -- The city man accused of killing another during a bar fight in early January is seeking the dismissal of his case after Altoona police allegedly mishandled potentially exculpatory evidence.
Corey Lexus Lopez, 34, is facing a felony count of third-degree murder, four felony counts of aggravated assault, three misdemeanor counts each of recklessly endangering another person and simple assault, single misdemeanor counts of obstruction of justice, resisting arrest, disorderly conduct and possession of marijuana and five related summary offenses. He has been held at the Blair County Prison since his arrest Jan. 4 in lieu of $1 million bail.
Lopez told police on the night of the incident that he was defending himself and his girlfriend during the fight that left 41-year-old James Dunn of Altoona unresponsive outside the Kettle Inn, along the 400 block of South Kettle Street.
Dunn was pronounced dead at UPMC Altoona, with his death attributed to injuries suffered in the fight with Lopez, according to the Blair County Coroner's Office.
Defense attorney Daniel Kiss filed an omnibus pre-trial motion for relief in the case on July 14, with one motion requesting the dismissal of all charges, as Lopez "has lost exculpatory evidence that cannot be recovered" after Altoona police allegedly mishandled two firearms used during the melee.
The motion states that a couple allegedly involved in the altercation had "swapped guns" at some point prior to the incident. A Glock 45 9mm handgun, registered to the first witness (husband), was found on the second witness (wife).
The Glock was initially taken into evidence by police but returned to the second witness on Feb. 4 without conducting any forensic testing despite knowing Lopez said he was pistol-whipped during the fight, Kiss wrote.
The second firearm, a Ruger .350 handgun registered to the first witness, was not secured or taken into evidence the night of the incident "despite ample evidence it had been used" during the fight. Kiss wrote that "several individuals" made statements to police that the first witness "fired a pistol in the air" during the altercation. Officers found a shell casing matching the Ruger on scene.
The first witness reported to Altoona police the following day to turn in the firearm, which the receiving officer noted as being "wet" with an unknown substance. The officer also noted several spots of what appeared to be dried blood on the gun, but did not test the first witness for gunshot residue, Kiss wrote.
"The failure of Altoona police to investigate the known firearm on (the first witness's) person and retrieve the same has resulted in spoliation of incredibly important evidence in this matter," Kiss argued.
Kiss also asked for the dismissal of Lopez's felony third-degree murder charge, writing that the prosecution lacked sufficient evidence to prove "an intentional killing with malice."
Dunn's cause of death was listed as cardiac related, which he allegedly experienced symptoms of before the altercation. Kiss wrote that Dunn could be seen on surveillance footage "rubbing his chest in a manner consistent with a cardiac event before any involvement with Lopez."
"Lopez has a substantial self-defense claim that was made beginning on the night of the incident," Kiss wrote. "Self-defense is not only a valid defense but readily apparent as Lopez did not have prior injuries, then was significantly injured during the larger altercation, then was taken to the hospital for those injuries."
Kiss then made a motion to compel discovery in the case, writing that the autopsy report "lists cardiac arrest as the cause of death" with "assault as a contributing factor."
The officer who attended Dunn's Jan. 5 autopsy stated in his report that he was told Dunn's cause of death was heart related, with no mention of any "contributing factor," Kiss wrote.
On Jan. 30, the report "now included language regarding an assault as a contributing factor" to Dunn's death, Kiss wrote.
"The original autopsy recording is necessary to determine if that conclusion was made at the time of the autopsy," Kiss said.
Due to the nature of the case as it stands, Kiss asked that Lopez's bail be lowered from $1 million to $250,000, or for his bail to remain the same but require the posting of 10% before release.
In the motions, Kiss wrote that Lopez did not contest the charges against him involving obstruction, resisting arrest or possessing a small amount of marijuana.
Judge Jackie Atherton Bernard is scheduled to hear arguments on these matters in a hearing about 1 p.m. Aug. 19.
Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.