Scott Preston Wallace has been bound over for trial in a shooting death that witnesses said followed a shoving match.
Wallace, 17, is charged with first-degree felony murder in the death of Joe Paul Quintana.Wallace was defending himself and trying to protect Quintana's former girlfriend, defense attorney Roger Scowcroft argued in asking the charge to be reduced to manslaughter.
Judge Joseph Fratto Jr. denied the motion. Wallace will appear May 16 before Judge J. Dennis Frederick for a scheduling hearing.
On March 28, Wallace and Quintana, 20, partied on Quintana's front law, according to testimony, then Quintana walked two blocks to see his former girlfriend, Dana Miller.
"He wanted me to go with him to his mom's house," Miller testified. "But he'd been drinking and I didn't want to go." Quintana slapped her and pulled her hair, she said.
As they walked, they came upon Wallace and Rudy Lopez, who wanted Quintana to get them some marijuana, Miller said.
They went to Quintana's home, and after Quintana went inside, Wallace told her, "You don't have to be here. If you want to go, I'll take care of him," she said.
She said she "took off running," but Quintana chased her, knocked her down and pulled her hair. Then Quintana shoved Wallace.
"They were pushing each other," Miller said. "Then Joe went to turn around and he (Wallace) started shooting him."
Scowcroft said Lopez, who did not appear in court in response to a court subpoena, told police Wallace started firing only after Quintana reached into his pocket for what Wallace believed was a knife or gun. No weapons were found on or near Quintana's body, and the weapon used to shoot Quintana has not been recovered.
Miller said Wallace fired at least six shots, and kept firing after the victim collapsed and was trying to crawl away.