FARMINGTON -- A special setting preliminary hearing has been set for a man accused of shooting his live-in girlfriend.
Defense attorney, Rudy Bautista, said in court Thursday, "We had been working on a resolution, but it looks like we need a preliminary hearing."
Bautista is representing Brian Lane Harris, 24, who appeared in 2nd District Court.
A hearing has been scheduled for 8:30 a.m., Nov. 9. Preliminary hearings had been scheduled once in August and again in September. At the September hearing Bautista said he expected the case to be resolved and asked for an arraignment hearing for Thursday.
Deputy Davis County Attorney Richard Larsen said he expects to have five witnesses testify at the hearing.
One of those witnesses is the ex-girlfriend, Kayla Lane. In August the court appointed Ryan Bushell to represent her.
Harris was originally charged with second-degree felony discharge of a firearm with injury; class A misdemeanor failure to stop at the command of police; class B misdemeanor commission of domestic violence; third-degree felony aggravated assault; and third-degree felony obstructing justice.
The first two charges stem from a March 21, 2012, incident in which police said Harris shot Kayla Lane at their home. The last three charges pertain to a domestic violence incident at the same location in February 2012.
Harris is being held in the Davis County Jail on no bail.
Harris was found competent to stand trial in July. He had been sent to the Utah State Hospital in February. Harris had been shot in the head by a police officer who responded to the 911 call on March 21, 2012. The officer was subsequently cleared by the Davis County Attorney's Office.
For the March 2012 incident, Layton dispatch received a call from a neighbor of Harris. The caller told dispatchers a woman was screaming and, while on the phone, the caller reported hearing what sounded like a gunshot. The caller then told dispatchers a white car had left the area at a high rate of speed.
While officers were arriving at the scene, they received a call that a 22-year-old woman was at a local hospital with a gunshot wound to her leg. That woman was later identified as Lane.
A Layton officer deployed a Taser two times at Harris who was outside his home, police said. The first attempt missed Harris, and the second did not stop him.
The officers were concerned that Harris, who had already reportedly shot one person, was headed back inside the home to get a gun or may have had a gun on him, police said.
The handgun was later found in a neighbor's yard.
Contact reporter Loretta Park at 801-625-4252 or at email@example.com. Follow her on Twitter @LorettaParkSE.