JACKSBORO (WATE) - The attorney for the teenager accused in a deadly 2005 shooting at Campbell County High School is asking for a new preliminary hearing after a new witness deposition alleges the teen was coerced into the shooting.
Bartley is accused of shooting three administrators in November 2005 with a .22-caliber handgun.
Assistant Principal Ken Bruce was killed. Principal Gary Seale and Assistant Principal Jim Pierce were wounded.
According to an affidavit filed on Aug. 20, former special education teacher Marjorie P. DeLapp was told after a staff meeting by another teacher, identified as Mr. Mallicoat, that Principal Gary Seale allowed Bartley to load the gun in his office.
Mallicoat told DeLapp that Seale told him that he initially didn't believe Bartley had a gun when he walked into Seale's office.
When Bartley produced the gun, Seale then told Bartley he thought the gun was too small to be real and was only a toy.
Seale allegedly then also told Bartley he didn't believe he had real bullets for the gun, and furthermore, did not know how to load the gun.
When Bartley told Seale he did know how to load the gun, according to the affidavit, Seale then said, "Let's see."
Seale, Bruce and Pierce all then witnessed Bartley load the gun.
The affidavit then says Seale then told Bartley he didn't know how to shoot the gun. Seale later told Mallicoat he was proved wrong.
In a court filing, Attorney Greg Isaacs says DeLapp's testimony establishes that Bartley did not have intent to commit first degree or second degree murder, and deserves a new preliminary hearing.
Neither Seale, Pierce nor Bruce's widow were available for comment.