(COLORADO SPRINGS) — El Paso County Judge Michael McHenry ordered a preliminary hearing for the alleged Club Q shooter to be set for Wednesday, Feb. 22.

In a motions hearing on Friday, Jan. 13, Judge McHenry denied a request for continuance from the defense counsel of the suspected Club Q shooter. The request came out of concern for “prior obligations [trials] scheduled in advance,” which would limit the amount of time for the defense to review all evidence.

District Attorney Michael Allen told the courtroom that a list of witnesses and exhibits planned for presentation at the preliminary hearing would be given to the defense by Feb. 3. Additionally, approximately 5,000 pages of discovery and over a terabyte of data will be disclosed for the defense to “tailor their defense accordingly.”

The defense argued that the “voluminous” amount of information, which includes external and internal surveillance footage of Club Q the night of the shooting, 911 audio files, photos, data from cell phones and more would be difficult to review by the proposed date.

Judge McHenry stated, “the defense is not entitled to review every page of discovery before a preliminary hearing,” fully expecting a preliminary hearing on Feb. 22.

In December, the alleged Club Q shooter was charged with 305 counts, including First Degree Murder with Intent and Deliberation, First Degree Murder with Extreme Indifference, Attempted Murder with Intent and Deliberation and Bias Motivated Crimes.

Two additional victims were identified in the People’s Motion to Amend the complaint against the suspect, which was filed on Monday, Jan. 9. The motion amounted to 12 new charges, increasing the total number of charges to 317. 

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