BIRMINGHAM, Ala. (WIAT) — Preston Cheyenne Johnson, the man charged with shooting and killing Kimberly police officer Nick O’Rear, will have a court hearing in a few weeks to determine if there is enough evidence to send his case to a grand jury.
Johnson, 37, will appear before District Judge Alaric May at 9 a.m. March 5 in Birmingham. Johnson is charged with capital murder.
On Feb. 4, O’Rear was shot while assisting a neighboring community’s police department stop a vehicle. O’Rear, who had been with the department for only a year, died from his injuries hours later.
Johnson has a lengthy criminal record and was out on bond at the time of O’Rear’s death for drug possession charges out of Cullman County. Since his arrest in the O’Rear case, Johnson’s bond has been subsequently revoked.
If the judge find enough probable cause during the preliminary hearing, Johnson’s case will then head to a grand jury, where they will deliberate on whether or not to send it to trial.
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