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The court cases

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Lucibella’s defense has announced plans to call 50 witnesses for the upcoming trial before Circuit Judge Meenu Sasser. The list includes virtually all town officials, plus police and medical first-responders, experts on guns, police practices and police use of force, Lucibella’s doctors, and other friends who were at his home that night.

It’s part of a strategy to shift the blame to the cops, by framing it as a case of excessive force.

“The officer jumped the gun … made a false arrest,” Shiner said, calling it a lot of “fishy stuff.”

But Chief Hal Hutchins, who led a two-month investigat­ion of the incident, determined there was no misconduct by the responding officers Richard Ermeri, Nubia Plesnik and Sgt. William Hallahan, who has since retired.

Hutchins, however, called for the firing of Lucibella’s friend, Wohlfiel, 49,

who had risen in the ranks through a decade on the force.

Town Manager Jamie Titcomb explained in a letter to Wohlfiel that cops “need to exhibit conduct above reproach, they are held to a higher standard” and Wohlfiel failed to do so.

Rick King, a police union attorney who is helping Wohlfiel challenge the firing in a civil lawsuit, did not return a call left with his assistant. Hutchins said he stands by the investigat­ion.

Lucibella’s defense says the charge of using a gun while under the influence will never hold up, because there is no proof he was drunk or fired any shots.

Lucibella’s requests for blood and breath tests for alcohol use that night went unanswered, Shiner said, noting that the lack of “scientific evidence” is more significan­t than the officers’ testimony.

The jury will see a video of Lucibella in a holding cell after his arrest.

“He’s clearly not intoxicate­d,” Shiner said. “The evidence also will show 100 percent that Lucibella did not shoot a firearm.”

Prosecutor­s have not filed any responses in the court file. The State Attorney’s Office will not comment on the case outside of court, spokesman Mike Edmondson said.

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