A Common Pleas Court judge Tuesday, March 3, said he will issue a ruling about whether to release from prison a Butler man charged with attempted homicide.

Samuel T. Lopez, 35, has been held in the county jail without bond since his June 6 arrest on charges Butler police filed alleging he shot and wounded Jose Rodriguez-Hernandez on Feb. 21 in an East Pearl Street home. Police said Lopez shot Rodriguez-Hernandez, who was 32, in his face.

Assistant public defender Kimberly Hudak, representing Lopez, argued her client’s right to a speedy trial has been violated as he has been held for more than 180 days since charges were filed in June 2024.

Lopez was charged with felony counts of criminal attempted homicide and aggravated assault, and misdemeanor charges of tampering with evidence and reckless endangerment. He was arrested on a warrant in New York.

Hudak argued that Lopez has been in prison longer than Rule 600 of the Pennsylvania Code allows for pretrial incarceration. She said police filed the complaint against Lopez on June 3, and he was arrested and arraigned June 6. The 180-day incarceration limit expired Jan. 27, she said.

Assistant district attorney Robert Zanella agreed the 180 days has expired, but opposed Lopez’s release without bond conditions to ensure community safety and because of the seriousness of the charges.

He argued the shooting was “an inch away” from being homicide, Lopez’s residency is unknown and he is a flight risk.

Hudak countered, saying Lopez does not have a history of violence, had a local job, is not a threat to the community and has family in York and a child in New York, but is not planning to return there. A Spanish interpreter assisted Lopez during the hearing.

Judge Timothy McCune said he will take the arguments under advisement and issue an order.

According to testimony from Lopez’s preliminary hearing in June, Rodriguez-Hernandez said he had been living with Lopez for two months in Butler, and the two previously worked together installing fences.

On Feb. 21, Rodriguez-Hernandez said he got home early from work and was in his room when Lopez arrived around 3 or 4 p.m.

Rodriguez-Hernandez said Lopez opened the bedroom door, pointed a cream colored firearm at him and shot him once near the right side of his mouth. The bullet exited the left side of his neck, entered his left shoulder and exited his left arm.

“He shot me once, and then he shot the wall,” Rodriguez-Hernandez said. He testified he and Lopez had not argued before the shooting.

A friend took Rodriguez-Hernandez to Butler Memorial Hospital, and he was transferred to a Pittsburgh Hospital.