ALAMOSA  — James Marshall was scheduled to appear in court Friday, Aug. 28, for a preliminary hearing related to the shooting of Danny Von Pruitt during a Black Lives Matter protest June 4.

But the clerk with the Alamosa Court stated that Marshal – who worked as a defense lawyer in Alamosa until the day of the shooting – waived his right to that hearing and is now scheduled for a preliminary hearing Oct. 21.

Marshall’s defense attorney, Randy Canney, did not respond to inquiries about why he and his client chose to waive the Aug. 28 hearing.

The shooting took place June 4 at the height of the protests nationally in the aftermath of the police killing of George Floyd in Minneapolis.

Marshall, 27 and his wife, Mariah Loraine, were among the dozen or so people who were at the intersection of Main Street and State Avenue for that evening’s protest in Alamosa.

Video from the Narrow Gauge Book Store shows that near the end of what was planned as an hourlong protest, a westbound black Dodge Ram pickup truck stopped at the intersection, then drove toward a few protesters, including Loraine.

It is still in question if he hit any of the protesters before they jumped out of the way. That’s when Marshall can be seen pulling a gun from his waistband. He later admitted using that gun to shoot Marshall.

On June 16, Marshall was formally charged with attempted 2nd-degree murder, 1st-degree assault, reckless endangerment, felony menacing, criminal mischief, illegal discharge of a firearm and prohibited use of a weapon.