ANN ARBOR, MI — A man charged with shooting another man outside of an Ann Arbor gym will head to trial.
Orlando Austin, now 34, was bound over to the Washtenaw County Trial Court in a hearing before Judge Anna Frushour on Tuesday, Oct. 10, on one count of assault with intent to do great bodily harm less than murder and felony firearm.
Austin was previously charged with assault with intent to murder and felony firearm.
“Certainly, there a lot of question of facts there that would be more appropriately addressed by a jury,” Frushour said during the hearing. “…There hasn’t been any testimony given that there was any intent to murder, other than the fact there was a gun involved.”
Austin is accused of shooting a 36-year-old man outside of Planet Fitness, 2350 West Stadium Boulevard in Ann Arbor, around 1 p.m. on Tuesday, Aug. 15.
Read more: 33-year-old man accused in Ann Arbor gym shooting says he had gun for self-defense
The pair had gotten into an altercation before Austin shot at the 36-year-old twice, striking him once, Ann Arbor police said at the time. The man was identified in court as John Scott, of Gregory.
Scott told the court he was shot in the leg above his knee. The gunshot fractured his femur and required same-day surgery, he added.
Video footage from outside the Planet Fitness showed the pair getting into a verbal confrontation outside of a car Scott identified to the court as his. They then got into a physical altercation.
The two men did not know each other, according to the Ann Arbor police.
“Once I was shot, I turned and ran and took cover behind a vehicle,” Scott said. He then ran inside the gym, he said.
Austin, who followed him into the gym, can be seen confronting Scott in the lobby of the Planet Fitness in video shared in court.
Read more: 1 injured in shooting near Ann Arbor gym
Austin has a concealed pistol license, according to assistant Washtenaw County Prosecutor Jonathan Emmons. During his arraignment, Austin claimed he carries a weapon for self-defense purposes.
In addition to binding him over on a lower charge, Frushour also dropped Austin’s bond from $500,000 to $10,000.
Austin is currently being held in the Washtenaw County Jail. He will next appear in court on Wednesday, Oct. 25 before Judge Patrick Conlin.
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