The re-trial date has been set for a Lima man found guilty on an assault charge. Kenneth Cobb will be back in court for his jury trial starting on February 27th of 2023.

Kenneth Cobb had his appeal for a retrial granted by the Ohio Supreme Court, and now has a pre-trial set for December 5th and a jury trial set for January 9th of 2023. The defendant's appeal, which was filed back in 2020, states that certain language was not withheld during the trial. Cobb was previously found not guilty of a 2019 murder but was sentenced to fourteen years in prison for felonious assault with a firearm and having a weapon under disability.

A 2019 murder case can now come to a close with both defendants sentenced. 

975 St. John's Ave. was the sight of a deadly shooting. Kenneth Cobb is facing prison time for the crime. His co-defendant, Jerome Fuqua, won't face a similar punishment.

Fuqua was sentenced to five years of probation on a charge of having weapons under disability. Fuqua was originally charged with murder, like Cobb, but the prosecution said it would be too difficult in a trial to prove all the elements.

Jerome Fuqua has changed his plea to guilty on a charge of having weapons under disability. Charges of murder and felonious assault were dismissed. Fuqua almost took a different deal earlier this year, but changed his mind at the last minute. Fuqua was at a home on St. Johns Avenue when Branson Tucker was murdered in January of 2019.

Kenneth Cobb has been sentenced to 14 years in prison for felonious assault with a firearm and having a weapon under disability. It was January 2019 that Cobb was gambling at his St. Johns Avenue home with Branson Tucker and several others. After a disagreement and a scuffle, Cobb fatally shot tucker. A jury found that the murder was out of self-defense after Tucker and others tried robbing Cobb. Several spoke on Cobb's defense hoping for a lighter sentence.

The second man charged in the murder of Branson Tucker was set to accept a plea deal until he changed his mind at the last moment. Jerome Fuqua appeared in court with the intention of taking the negotiated deal but changed his mind as the judge walked into the court room. The deal would have Fuqua plead guilty to felonious assault and charges of murder and having a weapon under disability would be dropped. His sentence would be capped at four years.

The evidence is in the jury's hands now. They have gone into deliberation in the trial of Kenneth Cobb. The trial has come down to the question, was this self-defense or not? During closing arguments the prosecution says it's clear Cobb fired a fatal shot at Branson Tucker and the defense didn't argue against that. The defense has the duty to prove Cobb used self defense. What the defense did argue was that Cobb was being assaulted and had no other choice. The defense attorney also says one witness who was there and testified can't be trusted because a prior conviction of robbery.

The state nears the end of their presentation of evidence on the third day of the trial for Kenneth Cobb. The jury heard a few testimonies from law enforcement. After they learned a shooting occurred at 975 St. Johns Avenue, police received a call from Cobb saying he was going to turn himself in. The prosecution played the phone call and the video recorded interview between police and Cobb. Dozens of times Cobb says he is the one who shot Branson Tucker and that he wasn't sure who Tucker was. But in the interview, he says four men were robbing him while gambling and he says he took the gun from Tucker. Previous testimonies and police say there were only three men and none of them had a gun.

The state moved its case forward on day two of the trial for Kenneth Cobb. Two witnesses testified that they were at Cobb's home with Branson Tucker the early morning of January 15, 2019. One testified that they did not rob Cobb. The other says in a previous police interview, it looked like Tucker and two others were robbing Cobb. One officer did say $430 was found in Tucker's car that had crashed on the way to the hospital. Both did say they saw Cobb with a gun at some point. Two expert witnesses also took the stand. They matched the bullet core and jacket found in Tucker to the gun that was recovered at the scene of the shooting.

The trial begins for one of the two men charged with the shooting death of Branson Tucker over one year ago. The trial for Kenneth Cobb began as he faces charges of murder and felonious assault, both with firearm specifications. One man testified who was with Tucker at Cobb's St. John's Avenue home during an after-hours gambling party. He says he saw Tucker and an older man get in a fight. During opening arguments, prosecutors detailed what led up to the shooting and why Tucker was found in a car on Michael Avenue. The state says Cobb shot Tucker because of a game of craps.