Judge William Martin has scheduled a hearing today on an omnibus pretrial motions filing by 31-year-old Justin Libengood, the Latrobe man charged with trying to rob David McGinnis of Bolivar during a drug deal that led to a shooting at the Days Inn in Burrell Township last July.
Libengood is charged with aggravated assault, prohibited possession of a firearm, attempted robbery, and criminal discharge of a firearm into an occupied structure.
Investigators say the shooting happened when Libengood met McGinnis inside a room at the hotel, pulled a handgun and tried to rob him. The two struggled over the gun and a shot was fired, grazing McGinnis in the back of the neck. Both men then fled the hotel and were later captured.
Two weeks ago, Judge Martin canceled Libengood’s June 8th trial and listed the case for Criminal Call in August, with the trial now scheduled for August 24th.
McGinnis, meanwhile, is listed for Criminal Call tomorrow in Indiana County Court, where he faces a single charge of possession with intent to deliver. He also has two serious drug cases pending in Westmoreland County Court. Those two trials were to start today, but have been rescheduled for August 3rd.
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