A defense attorney is alleging that because prosecutors cannot produce a transcript of the preliminary hearing for a teen accused of attempted homicide, the court must have a second preliminary hearing.

But Butler County Judge Timothy McCune, presiding over the case, responded, “That’s news to me.”

The defense attorney, Stanley Booker, has asked McCune to dismiss all of the charges against his client, 19-year-old Brandon K. Fairtrace of New Castle.

Fairtrace is accused of firing a .380-caliber semi-automatic Hi-Point pistol into an occupied vehicle after what prosecutor Richard Bosco framed as a “self-confessed drug deal gone wrong” in Butler on March 1.

Fairtrace, who reportedly spoke to police, alleged he fired one shot into the air after two black males in a black sport utility vehicle took off with his backpack containing marijuana, according to previous court reports.

However, prosecutors reportedly have a witness who alleges the suspect also “took a tactical stance” behind a parked vehicle and fired one shot at the black SUV that sped away, according to previously published reports.

In addition to attempted homicide, Fairtrace is charged with weapons and drug violations.

Saying prosecutors cannot produce a victim or any drugs as evidence, Booker alleges the evidence against Fairtrace is a “very, very weak case from beginning to end.”

During a hearing before McCune on Wednesday, Booker asked the judge to dismiss all of the charges against Fairtrace. He said the evidence presented at the March 24 preliminary hearing before District Judge Pete Shaffer was not sufficient to support the charges.

Booker alleges that it is the prosecution’s burden to prove the charges are founded, and that can be done in two ways: by presenting a transcript of the original hearing or by having a second hearing.

Bosco acknowledges there was no court reporter at the hearing, therefore there is no transcript.

However, since both Bosco and McCune said that was not their understanding of the law, the judge gave the defense attorney time to submit case law that supports his claim. Until then, the judge issued no ruling.

During the same hearing, the judge refused a defense request to lower Fairtrace’s bond from $100,000 to $20,000. The bail was raised after the preliminary hearing when the attempted homicide charge was added by prosecutors.