To end the status hearing Friday, Kunzweiler reminded the court that the defense has not yet shared any discovery with prosecution, despite the delay in the trial and despite the state’s having shared hundreds of pages of discovery along with other evidence such as video recordings and interviews.
Kunzweiler later said he found the matter “a bit frustrating.”
“It’s been 15 months since Sgt. Johnson lost his life and Officer Zarkeshan was shot,” Kunzweiler said. “It’s been very difficult on those families, and obviously they’ve been anxious to get moving forward, as we have.”
Adams said the reason discovery has not been shared is because the defense’s mitigation specialists are still compiling mitigation evidence.
The shooting at the center of the case occurred during the overnight hours June 29, 2020, near 21st Street and 89th East Avenue after Zarkeshan pulled Ware over for an expired tag and improper turn. Johnson backed Zarkeshan, and the officers informed Ware they intended to tow his vehicle, but he refused to get out.
Police dash cam footage shows Ware shooting Zarkeshan and Johnson after Ware refused dozens of commands from the officer and his supervisor, as well as withstood pepper spray, a Taser attempt and body strikes.