At the Shaffers' preliminary hearing, Municipal Court Judge James M. DeLeon ordered father and son held for trial on third-degree murder and conspiracy charges.
Witnesses testified Wednesday that Wallace was crossing Knights Road, at Fairdale Road, at about 7:30 p.m. April 8 when he passed in front of Shaffer's SUV, apparently stopped at a light. An argument ensued about who had the right-of-way.
Father and son got out of their SUV. Witnesses said the younger Shaffer grabbed Wallace in a headlock and threw him to the ground. He returned to the SUV, gesturing for his father to follow.
Shaffer Sr. dragged the unconscious Wallace by an arm and leg to the curb, dropped him face-down and left.
"What the hell are you doing?" witness Jean Janukowicz said she asked Shaffer Sr. as he dropped Wallace "like a sack of potatoes."
Janukowicz, on her cell phone with 911 at that moment, said Shaffer didn't respond.
No witness described the entire sequence of events. Each, however, gave a glimpse of the confrontation:
After walking in front of the SUV, Wallace angrily yelled, "I had the right of way."
Shaffer Sr. confronted Wallace, repeatedly pointing a finger in the latter's face.
Wallace backed away from Shaffer Sr., palms forward, saying, "Stop."
In holding father and son for trial, DeLeon rejected Assistant District Attorney Richard Sax's argument that a trial jury should decide the degree of murder. First-degree murder carries a penalty of death or life in prison without parole; third-degree murder, 20 to 40 years in prison.
DeLeon's ruling made both Shaffers eligible for bail, but it was uncertain if either could produce the 10 percent cash minimum. The judge raised Shaffer Sr.'s original bail from $25,000 to $100,000 but reduced his son's from $250,000 to $150,000.
