A St. Joseph man accused of shooting two men last year was certified for trial for one but not the other. That was the end-result of an unusual probable cause hearing Tuesday during which the judge took over the questioning of a key witness, one of the victims.

Without that testimony the case would not have been certified at all.

Owen Roberts was charged with assault for allegedly shooting two friends, Ricky Snedden and Terry Lee Madewell, at a residence in the 900 block of Prospect Ave. on May 15, 2016.

He was arrested in July of last year.  When he insisted on taking the case to trial, prosecutors added two counts of armed criminal action (click here for more). Assistant Public Defender Mitchel Jenkins asked for a preliminary hearing on the new complaint, which was held Tuesday before Associate Circuit Judge Keith Marquart.

Assistant Prosecuting Attorney Joshua Bachman called a police dispatcher to the stand. Meghan Ohlensehlen brought with her a recording of a 9-1-1 call she took, in which Snedden moaned that he’d been shot by his friend Owen Roberts. St. Joseph Police Officer Craig Smith testified about responding to the scene of the shooting and finding Snedden outside the home. Smith also testified that Snedden had identified his friend Roberts as the shooter. Snedden told Smith there was another victim, Madewell, in the garage.

But to the judge, it all hinged on identifying Owen Roberts, the man sitting in court, as the man who committed the crimes. At the end of the state’s case Marquart was adamant.

“No one has identified the defendant,” Marquart said. “At this point the court would not certify this case.”

Bachman called another witness, Snedden, but didn’t get to question him much. Snedden stated his name, and said he’d known Roberts for about 13 years. Then the judge took over the questioning.

“Were you the victim of a shooting?” the judge asked the witness. “Yes.”

“Was this the man who shot you?” Again, “yes.” Bachman had nothing further to ask, and again rested the state’s case.

During closing argument, Assistant Public Defender Jenkins raised the point that there was scant evidence referring to Madewell, and the judge agreed. Marquart rejected the charges involving Madewell, but certified the case involving Snedden: one count of first degree assault and one count of armed criminal action. Arraignment is scheduled July 24 at 8:30 am before Judge Patrick Robb.