Trial delayed in Waffle House murder case
The trial of a man accused in a fatal New Year’s Day 2018 shooting won’t start next week as scheduled after the defense asked for more time.
Judge Jodie Asel approved a defense motion to delay the start of Matthew McMillan’s trial after the prosecution turned over lab results. Boone County assistant prosecutor Nicholas Komoroski said. Komoroski did not specify what type of results the state had turned over to the defense.
A hearing over a prosecution motion to exclude some evidence from the trial was also delayed.
McMillan, 30, was charged with second-degree murder, assault and other crimes after police say he got into a fight with another man at the Waffle House on Vandiver Drive in Columbia.
Court documents say McMillan produced a gun during the fight, and the two men struggled over it before it fired, striking another person in the leg.
Later, a Signal 88 security guard named Robert Moses worked to break up the fight. While doing so, Moses shot Anthony Warren, who was not involved in the fight. Warren later succumbed to his injuries at a hospital.
Prosecutors charged McMillan with Warren’s murder, asserting that McMillan was committing a felony by using a gun and that felony contributed to Moses shooting Warren.
A new trial date has not been set.
