KINGMAN - A crucial piece of evidence may not be admitted into the 2006 Golden Valley Uptown Drug robbery case.
Defense attorney Billy Sipe has filed a motion to preclude the gun Cordon Bauer II used when he allegedly tried to rob the Uptown Drug store in Golden Valley in December 2006.
He fired at and was shot by Mohave County Sheriff's deputies who responded to the scene.
Bauer is charged with armed robbery, armed kidnapping, two counts of attempted second-degree murder, four counts of aggravated assault of police officers and misconduct involving weapons.
His wife, Angela Bauer, faces charges of armed robbery.
She was charged after she told officers that she tried to talk Bauer out of robbing the store after he called her and told her what he was going to do.
Sipe's alleged the chain of custody involving the gun was broken while the Kingman Police Department was investigating the shooting.
KPD Sgt. Rusty Cooper said he was unaware of the motion.
According to court documents, MCSO Sgt. Dean McKie picked up the gun at the scene; it was handed to an Arizona Department of Public Safety officer.
The DPS officer then handed the gun to KPD detective Joel Freed.
Freed told Sipe in a pre-trial interview that he remembers that he entered the gun into evidence, but he does not remember when he did so.
Sipe stated in his motion, that an evidence card lists Dec. 7, 2006, as the date that the gun was entered into evidence, six days after the robbery and shooting.
Sipe also points out that no photographs of the gun were taken.
During a court hearing on Tuesday, Judge James Chavez told Sipe that the court would address the motion during the trial.
At the same hearing, Mohave County Deputy Attorney Jace Zack withdrew his motion to consolidate Angela Bauer's and Cordon Bauer's cases and try the two together.
He agreed with Sipe's argument that since the two were married it might prevent Angela from testifying on her own behalf.
Angela Bauer's case will return to Judge Steven Conn's docket. The two cases were removed from Conn's docket after he revealed that he is a frequent customer of Uptown Drug and played basketball with some of the officers involved in the shooting.
Cordon's case was set for trial in October with the next status hearing set for 10 a.m. on July 24.