FAIRFIELD TOWNSHIP, Ohio — A November trial scheduled for the suspect in a 2022 double shooting that killed one inside a Fairfield Twp. Walmart may be in jeopardy because Anthony Brown’s third attorney wants off the case.
Brown, 34, of Hamilton, is accused of the shooting while trying to rob the store of cell phones on May 26, 2022. He was arrested within hours at a Middletown hotel.
A week later, Brown was indicted by a Butler County grand jury for aggravated murder, aggravated robbery, felonious assault and having weapons under disability for the double shooting that killed a customer at the Princeton Road store.
A hearing has been scheduled for Aug. 12 to consider attorney Brad Kraemer’s request to withdraw from the case. He said “ethical issues” have arisen that make it impossible for him to continue to represent Brown, according to court documents.
Last fall, Butler County Common Pleas Court Judge Dan Haughey set his trial date for Oct. 14, 2024. That date was later continued until Nov. 13, 2024 due to a scheduling conflict with experts, according to prosecutors.
Brown was originally set for trial in June 2023, but it was canceled after his attorney withdrew from the case, citing irreconcilable differences. After months of legal motions and forensic psychological evaluations, Brown was declared fit for trial.
A second trial was set for August 2023 with a new court-appointed attorney was also vacated when Brown indicated his family might hire an attorney he “could work with.”
That didn’t happen, and Brown was appointed Kraemer in July 2023. Pre-trial hearings continued for several months until the 2024 trial date was set.
Last month, Kraemer filed a motion to withdraw from the case, writing “counsel has recently been informed by the defendant that he does not wish to work with counsel and that he wishes to proceed with new counsel.”
“I don’t have any control of these people wanting to delay things,” Butler County Prosecutor Michael Gmoser said. “All we can do is let the judge get him a new attorney and move on. Yes, it could cause a delay. Don’t know that it will, but someone who signs on to this case is likely going to say they need more than three months to prepare.”
Brown is being held on $1.5 million bond.
Brown is accused of shooting and killing Adam Black, 35, a Hamilton man who had recently moved to the area and who just learned he was going to be a father. Brown also is accused of shooting and wounding Eric Ruff, 57, of Fairfield, a Walmart employee who survived.
Brown was caught on multiple Walmart store cameras on May 26, 2022. First he was seen being dropped off by his father and walking into the store, according to prosecutors.
“Brown’s entire interactions were caught on (video) at the electronics counter, where for 22 minutes he tried to steal iPhones, where he passed a threatening note to the employee and where he ultimately pushed and shoved the electronics employee and fled with multiple phones,” Pridemore wrote in court documents.
There is video of Brown running through the store trying to get away. He is on video in the produce section where he shot both innocent victims, and finally, there is video of him fleeing the store, according to prosecutors.
When the license plate on the suspected getaway vehicle returned to Brown’s father, he confirmed he took his son to the store and identified Brown through still images from the video, according to prosecutors.
“The father also confirmed his son’s cell number, and law enforcement used that information to find Brown’s location, hiding out in a hotel room in Middletown,” Pridemore wrote.
When police went to the hotel room, Brown jumped out a window with the murder weapon in his hands and tried to flee, but was apprehended, according to prosecutors.
