After four years of delays, the case is finally set to go to trial this August. Kevin Sayers, now 28, has pleaded not guilty to allegedly gunning down Nocomes Noel in the parking lot of a strip mall on Old Middlefield Way at Rengstorff Avenue.
At 7:45 p.m., police say, Noel tried to rob Sayers at gunpoint after the two had left the concert. Instead of handing over his valuables, Sayers allegedly grabbed the gun from Noel and shot him in the back, head and neck several times as Noel attempted to flee.
Police believe that Noel had been robbing others outside Shoreline Amphitheatre during the concert. They also believe that the crowd that scattered from the scene of the crime had been attending the Summer Jam concert, which ended before sunset as required by the city.
Police say Sayer's alleged acts could not be considered self-defense once Noel turned away. During the trial, witnesses will testify with varying accounts of what happened that night, said Brian Welch, deputy district attorney.
The trial is scheduled to begin after a courtroom is selected on Aug. 17.