Judge Barry Steelman ruled Thursday that the earlier testimony of Bianca Horton, who was later gunned down, can be played to the jury in the trial of Cortez Sims.
The judge also said the testimony of Marcel Christopher, who was shot along with Ms. Horton and two others at College Hill Courts two years ago, can also go to the jury.
He said evidence from a body camera worn by a Chattanooga Housing Authority officer just after the shooting occurred and showing the victims can be used.
Sims, who was 17 at the time of the shootings and is now 19, is set to go to trial on murder charges on April 4.
A decision will be made later on moving the case out of Chattanooga in which Sims is charged with killing a 20-year-old woman and leaving a one-year-old girl paralyzed. Judge Steelman said he is considering getting an outside jury and holding the trial in Chattanooga.
Attorney Lee Ortwein had asked Judge Steelman to keep any prior testimony by Ms. Horton out of the trial. Ms. Horton, the mother of the paralyzed child, was also shot during the incident in January 2015. She was set to be a star witness for the state, but she was later shot and killed.
Attorney Ortwein said, "I think we're going to have an incredibly difficult time finding jurors who have not heard or read about this case."
He suggested that the trial be held either in Nashville, Knoxville or Memphis.
Detective Chris Blackwell said when he interviewed Ms. Horton at the hospital she immediately identified Sims as the gunman. He said she picked his photo out of six shown her "without hesitation."
In the shooting at College Hill Courts, 20-year-old Talitha Bowman was killed and Marcel Christopher was injured.
Attorney Ortwein said it was inflammatory that the body camera video showed the body of Ms. Bowman on the floor and showed the baby being carried out of the apartment.
Judge Steelman said he did not find that the prejudice substantially outweighed the probative value.
He agreed with the assessment of prosecutor Lance Pope that the only evidence more probative would have been a video of the actual crime.
On the video, Christopher is shown saying Sims carried out the shooting, and Ms. Horton says she could identify the shooter if she is shown his photo.
Prosecutor Pope said he may have a later motion about the introduction of gang evidence.
He also said he is trying to get evidence from Knox County on a period of about a month when Sims and Christopher were in jail together there.
The trial is expected to last about five days.
A judge granted Sims a new attorney back in September.
Depend on us for updates as we get them.