Associated Press - November 21, 2009 6:15 AM ET

LAWTON, Okla. (AP) - The lawyer for a man accused in the fatal shooting of a 6-year-old boy has asked a Comanche County judge that is client be tried separately from his co-defendant.

Defense attorney Jerry Herberger filed a motion Thursday to sever the cases of his client, Maurice Tubbs, and Jeremy McKindra, who are charged with first-degree murder in the April 5 drive-by shooting of Hikeem Lambirth.

Authorities say Hikeem was asleep on a sofa at the home of his mother's boyfriend when someone fired shots into the residence. One bullet ripped through his chest.

At the preliminary hearing, a police detective testified that during questioning, McKindra indicated he was with Tubbs in his car when Tubbs rolled down the window and fired a weapon.

Information from: The Lawton Constitution, http://www.swoknews.com

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