Arraignment has been rescheduled for Trey Allen Waner, 30, of Batesville after he arrived late to court Tuesday, narrowly avoiding a “failure to appear” charge. He is now due in court Tuesday, April 27.

Warner has been charged with first-degree murder after he fatally shot Malicki Dameon Pizanowski on March 19, following a domestic disturbance at 43 Caney Creek Road.

During a law enforcement interview contained in an affidavit, Warner’s wife said while inside their residence, their fight was physical and that her husband struck her and grabbed her neck. Detectives observed injuries consistent with her account.

She told investigators as the disturbance progressed, she attempted to gather their three children and exit the residence. Eventually she made it outside with two children, while outside the loud arguing continued and men from a neighboring residence came to see what was going on. Once they were aware that Warner was not allowing the other child to exit the residence, they started telling him to let the child come outside.

The affidavit also contained a law enforcement interview with Trey Warner. In his interview with law enforcement Warner told investigators two of the neighbor men approached him aggressively. He retreated into the mobile home through the front door locking the deadbolt behind him. Warner did have his cell phone with him, but did not attempt to contact law enforcement to resolve the problem, according to the interview.

When he returned to the door, he had his wife’s 9mm pistol in hand. It fired, striking Pizanowski.

In the law enforcement interview, Britany Warner said the 9mm pistol belonged to her and is stored on a top shelf in a closet. She keeps it with a loaded magazine, with no bullet in the chamber, and external safety on.

During the law enforcement interview Warner maintained that he did not intend to fire the pistol, or shoot anyone. He was released on a $250,000 bond.

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