Duncan is charged with the homicide of Simmie Poetsema, the Royal Netherlands Military soldier who died in a hospital Sunday, in line with a charging doc filed Thursday in Marion County Superior Court docket.

He’s additionally charged with two counts of tried homicide and a misdemeanor disorderly conduct cost, the doc exhibits.

He has pleaded not responsible to the costs, his lawyer Kiki Gaither informed CNN in a press release.

“Proper now, it’s too early to delineate any potential defenses to the costs,” Gaither stated within the assertion. “Extra particularly, the Events should undergo the invention course of whereby potential data regarding witnesses and any potential related proof will probably be exchanged.”

The troopers have been in Indiana as a part of a coaching train, the Dutch Ministry of Protection stated in a information launch. On the evening of the capturing, that they had gone out to a bar with a gaggle of mates and have been heading again to their lodge, the 2 surviving victims informed police, in line with a possible trigger affidavit.

The 2 troopers informed police that as they have been on their approach again, a struggle broke out between some members of their group and three different males, the affidavit says. As they arrived on the lodge, they stated, pictures have been fired, the doc says.

Poetsema died from a single gunshot wound to the top, in line with the affidavit, citing an post-mortem.

A number of witnesses informed police {that a} struggle broke out between the 2 teams, together with a person recognized in courtroom papers as R., who says he was with Duncan when the altercation started, the affidavit says.

Witness accounts and video proof positioned R.’s pickup truck on the scene, which it left shortly after the pictures have been fired, in line with the affidavit.

R. informed police that he was driving whereas Duncan was “capturing out of the again of the truck,” and that Duncan stated, “‘I simply spazzed,'” when R. yelled at him for capturing, the affidavit says.

In a press release to police, his girlfriend stated that Duncan informed her that he thought he noticed somebody with a gun throughout the struggle, so he went to the truck to get his personal gun, the affidavit says.

“He stated he noticed one of many guys reaching in the direction of his waist, so he defended himself,” the affidavit reads. “The girlfriend requested Shamar if he was the one which shot, and he would not say something.”

Duncan is ready to look in courtroom for a jury trial on November 14, the courtroom docket exhibits.