A person accused of driving the man responsible for a deadly shooting away from the scene of the crime has asked the court to dismiss a related assault charge against him.

Kobee Lancaster, 26, is charged with second-degree assault, two counts of first-degree wanton endangerment, two counts of tampering with physical evidence by complicity, two counts of second-degree hindering prosecution/apprehension and leaving the scene of an accident/failure to render aid, all stemming from the death of Ayanna Morgan, 21, who was fatally shot July 23, 2023, at The Muse apartment complex.

City police identified Lancaster as the driver of a Jeep Patriot that left the scene after the shooting, carrying Malik Jones, who is charged with murder, and his twin brother, Malcolm Jones, who is also charged.

Lancaster’s attorney, Alan Simpson, filed a motion on Sept. 9 asking for the dismissal of the assault count against Lancaster, arguing that Lancaster used lawful physical force to leave the scene and protect himself from Morgan.

According to prior court testimony and documents filed in the case, Morgan got involved in an argument with Malik Jones in the parking lot that became physical, with Morgan ultimately brandishing a firearm.

The two fell to the ground, and Malcolm Jones joined the altercation, kicking Morgan, multiple times, according to prior testimony from Detective Ryan Dillon of the Bowling Green Police Department.

Video surveillance footage from the apartment complex shows a bleeding Morgan rising and approaching the Jeep, at which point Lancaster is accused of striking her with it on the way out of The Muse.

Simpson characterizes Lancaster in his motion as an “innocent bystander” when Morgan engaged in the altercation and took out the firearm.

“While the altercation between Ms. Morgan and others continued it is clear that Kobee Lancaster made the decision to leave that area as quickly as possible since Ms. Morgan drew a gun and appeared to have every intention of using it,” Simpson said in his motion.

Simpson said the evidence shows that Lancaster attempted to shield himself by getting into the Jeep and starting it.

“In the course of doing so, Ms. Morgan attempted to enter the motor vehicle, and even attempted to jump on the hood of the vehicle,” Simpson’s motion said. “From the discovery in this case, it is clear that, fearing for his life, (Lancaster) drove away from who he knew was armed and dangerous.”

Simpson argues that Lancaster drove away in an effort to protect himself from imminent harm, and that his actions were legally justified through Kentucky’s Stand Your Ground Law, which says that a person does not have a duty to retreat prior to the use of deadly physical force that they feel is necessary to protect themself from death or serious physical injury from another person.

Simpson said that Morgan’s autopsy showed she received two gunshot wounds and that there were no injuries caused by Lancaster’s Jeep.

Lancaster and Malik Jones are due to appear Monday in Warren Circuit Court.