Judge nixes prosecution bid to compel bullet-removal surgery
Apr. 02, 2018
DOVER, Del. (AP) — A Delaware judge has refused to force a murder defendant to undergo surgery to remove a bullet from his buttocks.
Prosecutors say the examination of the bullet lodged in DePaul Wilson's rear end could establish he was shot during an exchange of gunfire last year that left Javan Cale of Dover dead. Prosecutors believe Wilson was shot by Cale while Wilson and others tried to rob him.
Wilson's attorney argued that removing the bullet is unnecessary, that it could affect Wilson's right to a speedy trial, and that prosecutors failed to show that the surgery could be done safely.
The judge ruled for the defense late last week, saying the real issue is who shot Cale, not who shot Wilson, who has acknowledged being at the scene of the shooting.