A Fond du Lac judge has granted a defense motion to disqualify the District attorney from prosecuting a homicide case. At a hearing Monday afternoon Judge Gary Sharpe granted the motion by attorneys for Devon Neuman to disqualify DA Eric Toney because Toney had represented Neuman twice in juvenile delinquency matters. Toney said he will review the options, including the possibility of appointing a special prosecutor. The ruling postpones a jury trial that was scheduled to begin Monday. Neuman is charged with first degree intentional homicide in the September 2017 shooting death of Logan Foster. Jesse Schultz is also charged with first degree intentional homicide in the case. Schultz is scheduled to go on trial October 14. Investigators believe Schultz and Neuman attempted to rob Foster, a physical altercation ensued, and Foster was shot twice and killed. The incident happened in a parking lot across the street from the Press Box Tavern. Both men are being held in jail on a million dollars cash bond.
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