A Cincinnati man struck by police gunfire during a shootout in September near the Deja Vu night club is now wanted after failing to show up for a Monday court hearing in Lexington.
Darion Reese, 29, was scheduled to appear in court for his preliminary hearing before Fayette District Judge Denotra Spruill Gunther. In addition to the arrest warrant, Gunther issued a $5,000 bond.
His attorney, Aaron Fallahi, stated his client was still in a Cincinnati hospital. But the Commonwealth Attorney's Office and Gunther were not satisfied with the proof that was given to support Fallahi's claim.
Fallahi previously asked for a continuance to set a new preliminary hearing date and had a letter he said was issued on Nov. 22 stating Reese would be in the physical therapy for 12 more days. The commonwealth and Gunther stated the letter appeared to them as being dated on Nov. 11, which would have released Reese from the hospital on Nov. 21.
"He should be out by now," Gunther said.
Reese has been charged with first-degree assault of a police officer, second-degree assault of a police officer, two counts of first-degree wanton endangerment of a police officer, two counts of convicted felon in possession of a handgun, first-degree fleeing or evading police in a motor vehicle, and third-degree criminal mischief.
The shooting took place around 11 p.m. September 28, in the 400 block of West New Circle Road. While officers were investigating a robbery, they located a vehicle in a parking spot suspected to be involved in the incident.

When they approached the vehicle, officers said they saw an AK-47 pistol inside the "front passenger compartment," according to Reese's arrest citation. Police said Reese moved towards the firearm and officers attempted to stop him by reaching inside the front passenger window.
Reese began to drive away from the parking spot with the officer inside and nearly struck the officer, the citation said. An additional officer was reported to have been injured in the knee by the vehicle fleeing the parking spot.

According to the citation, Reese drove his vehicle directly towards another officer, which prompted officers to fire their weapons. The officer inside the vehicle sustained a gunshot wound and was flung from the vehicle. It was not reported who shot the officer.
Reese was struck by bullets multiple times and the car came to a stop. Officers tended to Reese before he was transported to the hospital for non-life threatening injuries.
Police said they found an additional pistol in the car between the driver's seat and the center console.
According to court documents, Reese was being treated at UK Chandler Hospital. He was released on a personal recognizance bond on Oct. 27 and placed on home incarceration and electronic monitoring. .
According to Lexington Police Detective Ryan Raker, Reese was planning to go to Cardinal Hill Rehabilitation Center, but they would not accept someone in police custody.
His family was then required to take him to medical treatment in Cincinnati.