Hubbard, 36, was indicted Dec. 21 by a Warren County grand jury for attempted murder and felonious assault for allegedly shooting Jordan; attempted aggravated murder and felonious assault for allegedly shooting at Butler County Sheriff’s deputy Mike Barger; and attempted aggravated murder and felonious assault for allegedly shooting at Ohio State Highway Patrol trooper Brett Lee. The charges also contain gun specifications that add to a sentence if found guilty.
But in Warren County Common Pleas Court Monday, Hubbard, who was seated in a wheelchair, said he’s not the one who shot Jordan - it was another officer.
An investigation of the incident by the Ohio Bureau of Investigation indicated Hubbard shot first, striking Jordan, and eight officers returned fire. Hubbard was hit between 10 and 13 times. Video evidence made the sequence of events clear, according to prosecutors.
Hubbard, who was sent back in prison shortly after the incident, is being held on $1 million bond. He wants that bond reduced and has taken exception to Judge Timothy Tepe’s denial of his request to see a doctor in West Chester Twp.
On June 4, Hubbard’s attorney William Oswald Jr. filed a motion asking the judge for furlough to permit the defendant to visit a doctor.
Oswald requested Hubbard be permitted to visit an orthopedic doctor “because he cannot get proper medical treatment in the Warren County Jail.”
Tepe denied the request.
At the court hearing, Oswald said Hubbard has been a lifelong resident of Butler County, has a mother with serious medical conditions and “she would need help if Mr. Hubbard were able to make bond.” The attorney also noted Hubbard has an new son he would like to spend time with.
Oswald also said Hubbard had been denied by ODRC surgery to remove two bullets in his shoulder. He also has a plate in his wrist and a broken knuckle.
Hubbard spoke from the defense table. He told the judge he does not agree with being denied the medical furlough due to the charges.
“Thirty years worth of drive by shooting gun specs for a car that was put in park, turned the motor off of, threw the key out the window, 911 on speaker phone, hand up,” Hubbard said.
Hubbard then addressed the charges against him for the shots he allegedly fired at law enforcement officers. The elements are hard to prove, he said.
“I have combed through my discovery packet with a fine tooth comb,” Hubbard said, adding he doesn’t know where the prosecution will get the evidence at trial to prove the charges against him. “One officer was shot. But I can show you by paper work on this table that other law enforcement did that and I didn’t.”
Assistant Prosecutor Steve Knippen responded saying the incident started because Hubbard fled from a police.
“The only reason that his vehicle was stopped, it is the state’s understanding, is because it ran over Stop Sticks which damaged his tires,” Knippen said. “He pulled over into the front yard of the residence. I can tell you in terms of evidence, there are two videos .... they definitively show the defendant shooting first at officers where he fires multiple shots and an officer was struck multiple times. So there is evidence that supports the charges. We would ask that the bail remain at $1 million.”
Tepe ordered a bond report by pre-trial serves and said he would submit a ruling on bond.
Hubbard’s trial date is Oct 25
Jordan was shot in the arm, finger and right leg. He was released from the hospital a day later and returned to duty.
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