A Columbus resident charged with murdering a man outside an Upper Arlington restaurant this summer is scheduled to go to trial Oct. 16 in Franklin County Court of Common Pleas, but his attorney said last week he expects the case will be continued.

Jeffrey B. Harrison, 47, of 2638 Perdue Ave., Columbus, remains in the Franklin County jail on $1 million bond. He is charged with two counts of murder stemming from the June 11 stabbing death of 31-year-old Charles McCoy outside China Dynasty 1689 W. Lane Ave.

Attorney Jeff Moore said he expects the case will be delayed while the defense and the Franklin County Prosecutor's Office continue to sift through evidence.

"I don't believe it's a murder case," Moore said. "It's either self-defense or manslaughter. I don't believe a weapon was ever found and I believe (Harrison) was wearing a suit at the time."

Harrison turned himself in to Columbus Division of Police officers June 20, one day after police found his vehicle and five days after Upper Arlington police asked for the public's help in finding him.

He became a suspect in McCoy's death after Upper Arlington officers, using identification provided in witness statements, arrested another man, Jeffery Lamar Smith, 51, of South Columbus, and charged him with aggravated murder. Smith spent roughly 20 hours in jail before the Upper Arlington police department and county prosecutors determined he was innocent.

Harrison subsequently was arrested and pleaded not guilty to both murder charges at a June 28 arraignment.

According to court records, McCoy and Tina Patrick, Harrison's girlfriend, worked at China Dynasty and argued June 11.

Patrick admitted to police she called her boyfriend and told him about the incident, but denied telling him to come to the restaurant.

Prosecutors said Harrison came to China Dynasty and fought with McCoy outside before fatally stabbing him.

Moore said evidence showed McCoy suffered a single stab wound prior to his death, but he said last week he had yet to receive an autopsy report from the incident.

"I don't understand why the autopsy report isn't done yet in this case," Moore said. "(Harrison) is being treated as if he's guilty."

Adrienne Mandzak, assistant to Franklin County Coroner Dr. Anahi M. Ortiz, said Sept. 10 an autopsy report is available. She said she doesn't know why Moore doesn't have a copy but added, "Nothing's going to be released without a formal request for the report."