PITTSBURGH - The judge in the Michael Rosfeld homicide trial will allow testimony about a drive-by shooting that happened minutes before the former East Pittsburgh police officer shot and killed 17-year-old Antwon Rose last June.
On Monday, Judge Alexander Bicket made his ruling during a motions hearing less than 24 hours before Rosfeld’s trial is scheduled to begin.
Rose was in a car with Zaijuan Hester during the drive-by shooting; however, prosecutors say Hester, not Rose, was the shooter.
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The judge also ruled that he will not allow testimony about an alleged armed robbery several hours before the shooting.
He added that the decision could change based on testimony heard during the trial.
Bicket will also decide if the jury will be able to consider all degrees of homicide as well as manslaughter, or just first-degree murder as the defense has requested.
That decision will also be made during the trial.
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