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ST.  JOSEPH — A trial date has been set for an Eau Claire man accused in the death of an Eau Claire firefighter last fall.

Rigoberto Gomez, 47, of Eau Claire, was bound over for trial in Berrien County Trial Court late Friday after a preliminary hearing held Feb. 25 and March 7. Berrien County Trial Court Judge Gary Bruce presided over the preliminary hearing and made his ruling after hearing from five witnesses.

The case is being heard in St. Joseph after Judge Gordon Hosbein who presides over the Niles courthouse recused himself from the case due to a conflict of interest.

Berrien County Assistant Prosecutor Kate Arnold said the next court dates in the case are a case conference on April 21, a status conference on May 12 and a jury trial set for the weeks of May 20-23 and May 27-30.

Gomez is facing eight felony charges including two she added at the conclusion of the preliminary hearing on March 7. The two new charges are felon in possession of a firearm and an additional count of use of a firearm in the commission of a felony.

The original six charges were open murder, assault with intent to do great bodily harm less than murder, assault with a dangerous weapon and three counts of use of a firearm in the commission of a felony. Arnold said the jury will decide what degree of murder to possibly convict Gomez on during their deliberations.

     Maximum sentences for the eight charges range from life in prison without the chance for parole down to consecutive two year prison terms for the felony firearm charges. Gomez remains in jail where he has been since his arrest shortly after the incident.

      Testimony at the preliminary hearing came from Elizabeth Harper, Gomez’s girlfriend, two people at the bar that night, Berrien County Sheriff’s Lt. Thad Chartrand, the lead officer in the investigation and Sgt. Brandon Crosby, a K-9 handler. Crosby and his dog found the gun in the location Harper said she had thrown it.

The incident occurred shortly after midnight Nov. 2 outside a bar in downtown Eau Claire and resulted in the death of firefighter Chad Medlin and the wounding of another man, Leonardo Demarco.  Deputies were called on reports of a shooting at the intersection of Main and Elm Streets in the village.

     Deputies found a victim later identified as Medlin shot and unresponsive with life threatening injuries. Another victim, Leonardo Demarco, 39, of Eau Claire, was found shot with non-life threatening injuries. Both were transported to Spectrum Lakeland Health Hospital where Medlin, 36, of Benton Harbor, was pronounced deceased.

     Gomez was identified by witnesses as a suspect in the incident. Several addresses were checked and he was arrested at a home in Coloma Township.

      The Coloma address belonged to Harper’s mother and Harper was later arrested for tampering with evidence and being an accessory after the fact.

      Harper, 43, of Stevensville, pleaded guilty to tampering with evidence by disposing of the gun used in the crime. She was sentenced a month ago to two years probation, 180 days in jail with credit for 84 days served, 100 hours community service and $678 in fines and costs.

     Complaint and warrant information in the court file indicated that witnesses said the altercation began inside a bar in Eau Claire with Medlin making comments about “Gomez being a person who beats on his wife.” The men and others went outside and the argument continued.

     A person tried to step between the two to calm them down and asked Gomez to put away his gun. At some point, Gomez had a clear shot of Medlin, pointed the gun at him and fired one shot, striking Medlin in the chest. Medlin fell to the ground and Gomez fled.