Trial date set in attempted murder case

·2 min read

Jun. 2—LIMA — A Lima man charged with attempted murder in connection with a March shooting at Marko's Sports and Spirits on Wednesday waived his constitutional right to a speedy trial.

Another pre-trial hearing for Chainze Tucker, 32, will be held June 28 and a jury trial was scheduled by Judge Terri Kohlrieser for Aug. 16.

Tucker was indicted last month by an Allen County grand jury on charges of attempted murder, a first-degree felony with firearm and repeat violent offender (RVO) specifications in connection with the shooting of Ralph Upshaw outside the South Main Street bar.

Tucker was also indicted on a charge of felonious assault, a second-degree felony, also with an RVO specification, and for having weapons under disability, a felony of the third degree.

Those counts came on the heels of charges handed down by a grand jury in January of having a weapon under disability, tampering with evidence, improper handling of a firearm in a motor vehicle and possession of cocaine

According to court records, Lima police were dispatched at approximately 1:30 a.m. on March 25 to Marko's bar at 701 S. Main St., Lima, in reference to a fight in progress involving firearms. Upon their arrival police located Upshaw, 44, outside the establishment suffering from a gunshot wound to his lower back. Upshaw was transported to a local hospital where he was listed in critical condition.

Officers who responded at the scene were told Tucker was the person who shot Upshaw, according to court documents. Video footage taken by the bar's security system reportedly shows Tucker was involved in a fight inside Marko's with a different subject prior to the shooting. Tucker was kicked out of the bar, but is seen on video going to the parking lot "and then hanging out in front of the bar," court records reveal. Upshaw reportedly is seen on video talking to Tucker and hugging Tucker, who removed a handgun from his pocket, walked behind Upshaw and shot him in the back.

Upshaw told police he was trying to calm Tucker down after the fight and did not understand why he was shot.