A deposition has been filed in the case of a man who was charged in a fatal shooting near Hartington last March.
David Phillips Jr.’s defense team filed for a motion of deposition in court Monday morning after new evidence was found in the case.
Official court records did not state what the evidence is. Phillips did not appear in court Monday with his attorney, Todd Lancaster, due to the motion being held remotely.
Phillips is facing charges of second-degree murder, possession of a stolen firearm, and use of a deadly weapon to commit a felony.
Phillips is next scheduled to appear in court on January 8th, 2024.