The five defendants accused of killing two Erie teenagers in July 2015 returned to court today for a pre-trial hearing.

They are all charged with homicide for the shootings at a west side Erie party.

Four of the defendants are charged with killing 16 year old Shakur Franklin.

One of them, Darion  Eady is accused of killing 16 year old Elijah Jackson.

The lawyer for Eady wants his client tried separately, a motion the prosecution opposes.

Defense Attorney Bruce Sandmeyer said, "Mr. Eady's case is completely different from the other co-defendants. There are different witnesses, different alleged victims, all the evidence is going to be different."

District Attorney Jack Daneri said, "We don't think it is going to be difficult for a jury to separate out Mr. Eady's actions as we have alleged them versus the other four in the vehicle. So for that reason we did not believe  a severance was appropriate."

Other defense motions now being considered by Judge Rusty Cunningham, include a request to drop all charges, arguing sufficient evidence was not presented during the preliminary hearing.

And some of the lawyers are asking for the criminal and juvenile records of potential witnesses who may testify against their clients.

Now as far as moving the trial to another county, or having an outside jury travel to Erie to hear the case, Judge Cunningham said jury selection will start in Erie with potential jurors questioned individually. 

He said if that does not work out, he will consider using an outside jury.

It is not clear when Judge Cunningham will rule on the pre-trial motions.

A trial date has not yet been scheduled.