Jan. 5, 2007, 1:01AMSuspect may allow removal of bullet
A teenager who has a bullet lodged in his forehead might allow doctors to remove the slug, his lawyer said Thursday, possibly ending a legal fight with prosecutors who think the bullet will prove the teen was involved in a shooting.
But the lawyer, Rife Kimler, said 17-year-old Joshua Bush would agree to the removal only if prosecutors agree not to pursue attempted capital murder charges. Prosecutors couldn't immediately be reached for comment Thursday.
Prosecutors have twice obtained search warrants for the bullet, but Bush and his attorney have been fighting the removal because they said it would violate Bush's civil rights.
Jefferson County prosecutors say Bush was among gang members who broke into a used-car lot in July and tried to steal vehicles. According to police, Bush tried to shoot business owner Alan Olive, a competitive pistol shooter
who returned fire and struck the teen in the forehead.
Bush, of Port Arthur, remains jailed on a robbery charge. Prosecutors have said they also plan to file the attempted murder charges.
"I'm willing to say that we'll consent to getting the bullet removed at a facility of their choice with the condition that if that bullet does not match the gun that the owner fired, that they won't prosecute him for that attempted capital murder," Kimler said. "That'll solve the impasse we're at."
All sides agree removing the bullet would not be life-threatening.
Bush admitted taking part in the robbery but not the shooting, police said. A few days after the shooting, Bush went to the hospital and told doctors he had been hit by a stray bullet as he sat on a couch in an apartment.