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Last updated on Thursday, January 31, 2013
(BLOOMFIELD) - A rural Sullivan man, formerly of Linton, will learn his fate Friday in connection with a double-shooting incident in the parking lot of the Uptown Tavern at Dugger last March.
Nick Schneider of the Greene County Daily World reports that Timothy B. Kean, 35, was in Sullivan Superior Court on Tuesday morning for the continuation of his sentencing hearing that started last Friday.
One of the victims, Leighann Lovelace, of Linton, testified about the incident Tuesday.
Kean entered a guilty plea last Friday to two counts of attempted murder - both Class A felonies - in connection with the shooting of Patrick Ruff, of Jasonville, and Lovelace, as part of a negotiated plea agreement.
The plea deal didn't make a sentencing recommendation by the prosecutor, leaving that decision up to the judge.
Kean was originally charged with three counts of attempted murder, but one count was dropped in the plea agreement.
In a statement last Friday to the court, Kean admitted to shooting both victims, according to a Superior Court reporter.
Superior Court Judge Robert Springer heard testimony Tuesday and decided to take the case under advisement before making his sentencing decision in a hearing set for 11 a.m. Friday, a Superior Court reporter told the Greene County Daily World.
The judge will also decide whether the two counts will be served in concurrent or consecutive prison terms.
A probable cause affidavit filed by Indiana State Police Det. T.C. Hanks shows the shooting happened in a gravel parking lot south of Main St. and east of Second St. -- next to the Uptown Tavern in Dugger.
A male witness told police he was walking out of the bar about 3:30 a.m. and heard a loud bang. He then heard a second shot and saw James B. Gardner's truck windshield getting shot as he was driving down the street, according to the affidavit.
Gardner immediately jumped out of his truck and confronted Kean, the shooter.
The witness told police that Kean "raised the gun at Gardner, but the gun didn't do anything. Either because of malfunction or the shell not being ejected."
The male witness said Kean then left in his truck with Gardner following him in his truck. The two allegedly got into a fight at a residence located at 1024 South County Road 600E.
Lovelace told ISP Det. Harris Smith at the hospital that she didn't know why Kean opened gunfire.
Calling the incident "senseless," she stated, "Tim shot Ruff in the back of the head and then she saw Tim with the gun and she started running back toward the bar and Tim shot her," Hanks wrote in the probable cause affidavit.
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