Hubbard, 36, was indicted Dec. 21, 2020 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 Hubbard is found guilty.
Warren County Prosecutor David Fornshell said the defense indicated they were going to use testimony at trial that was just made available this week and involves an expert witness and her psychological report on Hubbard.
That report touches on the issue of Hubbard’s mental state at the time he fired the weapon, according to the prosecutor.
“So they are either trying to argue not guilty by reason of insanity, which has not been asserted in the case, or diminished capacity, which is not a legal defense,” Fornshell said.
He said it was their position that the report and expert should not be permitted at trial because it was turned over late, but it appeared the judge was going to allow it at trial.
That means prosecutors have to have time to review it and find an expert to rebut it.
“He is accused of attempting to kill multiple police officers and a police canine,” Fornshell said. “We were not willing to go into trial and and simply not address this last minute defense.”
Hubbard’s trial, originally scheduled to begin Oct. 25, 2021, was moved to April 4, 2022. That trial date then was continued to June 27.
On Thursday, in what was to be a pre-trial to record testimony of an expert who could not be at the trial, Judge Tim Tepe reluctantly continued the trial until Sept. 26.
Tepe said there were “snags” when a defense witness who was ordered by the court to provide a report did not do so until yesterday. That does not leave time for the prosecution to review and rebut the report.
An investigation by the Ohio Bureau of Investigation indicated Hubbard shot first, striking Jordan, and that 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 to prison shortly after the incident, is now being held on $1 million bond in the Warren County Jail. He requested a bond reduction, but it was denied by the judge.
Jordan was shot in the arm, finger and right leg. He was released from the hospital a day later and returned to duty.
Hubbard said at a hearing last summer charges against him are hard to prove.
“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.”
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