New details were laid out in court Tuesday in the shooting death of an Omaha man on Labor Day outside of a west Omaha bar.
Delayno Wright was shot and killed just after midnight on September 3rd outside of the Halo Ultra Lounge near 175th and West Center Road.
The victim's relatives were in the courtroom for the preliminary hearing for two of the suspects in the case.
Seven weeks after the shooting Omaha police arrested 24-year-old Avery Tyler for first degree murder. Tyler's girlfriend, Romesha Fountain, as well as another friend of Tyler's, Jelani Johnson, were arrested and charged as accessories in the case for allegedly lying to police.
Investigators say that Wright was leaving Halo and walking to his car with his girlfriend and another man when they crossed paths with two men. Police say one of those men was suspect Avery Tyler. Wright's girlfriend then accused Tyler of touching her inappropriately and an altercation broke out.
Seconds later, while the situation seemed to be calming down, police say Avery Tyler went back to his car and got a gun, aimed and started firing at Delayno Wright who was standing at least 50 feet away.
Tyler's attorney, Tom Riley argued in court that the shooting was a desperate act that took place in the heat of the moment, and his client should only be charged with voluntary manslaughter.
Prosecutor Brenda Beadle disagrees.
"It wasn't in the heat of the moment," Beadle said. "There was time that had elapsed when he went to his car, as the evidence showed in the prelim. He went to his car to retrieve his gun and walked towards the victims shooting eight times."
Jelani Johnson waived his preliminary hearing. All three suspects were bound over to district court for trial.
Avery Tyler and Jelani Johnson were both members of the Bellevue University basketball team. Tyler was also part of one of Omaha Central High School's state championship basketball teams.
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