D-Dubs Bar and Grill is located at 10 W. Ninth St. in Eudora.

The man accused of fatally shooting a man outside a Eudora bar has asked a judge to deny the public release of a key court document in his case.

That document includes statements from a witness who is now dead, among other “untested” information, according to the motion to seal it.

Danny W. Queen, through his attorney, Dakota Loomis, filed the motion Monday asking Douglas County District Court Judge Peggy Kittel to seal the probable cause affidavit that supported Queen’s arrest. The Journal-World requested the affidavit last week, under a Kansas law requiring courts to release such affidavits to the public upon request unless blocked by a judge. Under the law, the judge has 10 business days to rule on the request.

Queen argued that publicly releasing the document would harm his ability to get a fair trial.

“Allowing these untested statements and observations to enter the public domain could create undue prejudice in the minds of potential jurors, limiting the Defendant’s ability to receive a fair and impartial trial,” the request says. “… no prophylactic measures can undue [sic] the damage done by the release of potentially prejudicial or untrue information.”

Queen, 36, of Eudora was charged June 26 with one count of first-degree murder and two counts of attempted first-degree murder, all felonies.

Queen is accused of fatally shooting Bo M. Hopson, 32, of Eudora about 1:15 a.m. June 24 outside D-Dubs Bar and Grill, 10 W. Ninth St. in Eudora. Hopson, who worked security at the bar, was flown to the University of Kansas hospital in Kansas City, Kan., where he died the next day.

Queen also is accused of pointing his gun and pulling the trigger at two other men during the same confrontation, according to court documents. Queen’s gun reportedly jammed after he fired two shots into Hopson, preventing Queen from shooting others, Eudora police previously said.

In his request to seal the affidavit, Queen said it contains statements from witnesses who haven’t been subject to cross-examination; statements that may be determined inadmissible and excluded from trial — specifically those of the deceased witness; plus law enforcement officials’ personal interpretations of evidence.

While Queen could be irreparably harmed, “the public and press shall suffer no harm if the affidavit is sealed,” Queen’s motion said.

Queen argued in the document that the appropriate time to disclose evidence of probable cause is at a preliminary hearing where the defense can cross-examine witnesses.

A date for a preliminary hearing, which is open to the public, has yet to be set. Queen’s next court hearing is scheduled for July 25.

Queen is jailed on $1 million bond.