Hearing delayed in robbery, shooting

For the second time a hearing was delayed for a man charged with armed robbery and threatening an officer with a toy gun.

Defense attorney John Sullivan asked for a delay Monday in the preliminary hearing for Derrick Shirk, 41, on charges of armed robbery, fleeing from police, assaulting an officer and weapons charges. The hearing had been adjourned on March 30.

He was scheduled for the Monday hearing before District Judge Paul Beardslee but Sullivan asked for a delay until further evidence could be provided by the prosecutors.

Sullivan said he has not yet received a video recording from a surveillance camera at the Citgo gas station at 2410 W. Michigan Ave. or video from a patrol car camera when Shirk was confronted in Springfield by a Calhoun County Sheriff Department sergeant and shot. Deputies said Shirk pointed an airsoft gun that appeared to be a real semi-automatic handgun.

Shirk is alleged to have robbed the gas station of $200 on Jan. 31. He was confronted by Sgt. Chris Bacik on Feb. 3 when Bacik attempted to stop a pickup truck that matched the description of the truck used in the robbery.

Shirk was shot once when he pointed a gun at Bacik. Officers found the gun was a replica of a real handgun. Calhoun County Prosecutor David Gilbert later cleared Bacik and said the shooting was justified.

Assistant Prosecutor Angelique Camfield told Beardslee she was ready to proceed and had witnesses to testify about the content of the video tapes.

But Sullivan argued that the tapes were the best evidence and said he doesn't know what they show without seeing them.

"I can't assess the value of them without seeing them," he told Beardslee. "It's like trying to give a review of a movie I have never seen."

Sullivan said he also wants some of the victims in the case to view a lineup including Shirk before the hearing begins. He also wants the results of a search warrant executed on the home in Springfield where Shirk was staying.

The prelim was rescheduled for June 3. Shirk remains incarcerated with the Michigan Department of Corrections for a parole violation.

Contact Trace Christenson at 966-0685 or tchrist@battlecreekenquirer.com. Follow him on Twitter: @TSChristenson.