YOUNGSTOWN — It’s unusual for co-defendants in a murder case to have the same attorney, but that was the case Wednesday as attorney Dave Betras told Magistrate Meghan Brundege of Youngstown Municipal Court that he is the attorney hired by Kenneth Carter, 34, and Terry Hopkins, 22, to defend them.

They are both charged with complicity to murder in the Jan. 24 killing of Resean Graham, 42, on Griselda Avenue on the South Side.

Betras said he spoke with the Youngstown police detective in the case to learn about the case and also spoke with ethics lawyer and believes there is no conflict of interest with him representing both.

The magistrate asked Hopkins if he wanted to have the same attorney as Carter after speaking with Betras and attorney Aaron Meikle, who initially was appointed by the court to represent Hopkins, but was now asking to be represented by Betras. Hopkins said yes he wanted to be represented by Betras.

Also during the hearing, Carter and Hopkins waived their right to have a preliminary hearing, which is a hearing in which witnesses are called to testify in order for the court to determine whether there is probable cause that the defendants may have committed the offenses and that their case should be bound over to a county grand jury.

After discussing that issue with the Betras and the defendants, the magistrate transferred the cases to the grand jury.

Betras also asked the magistrate to order two witnesses in the case to preserve digital evidence contained in their cellphones and other electronic devices and not destroy such evidence because Betras believes the evidence will “exonerate” Carter and Hopkins, Betras said.

The magistrate spoke with both witnesses, who were in the courtroom, and they said they understood that they should not delete electronic information related to the case.

Kathy Thompson, Youngstown city prosecutor, and Youngstown Police detective Philip Skowron also said several phones related to the case are in evidence.

Thompson agreed that prosecutors and the police department will “preserve” the digital information in their possession.

Youngstown officers were called to Griselda Avenue at 7:36 p.m. Jan. 24 for a person who was shot, according to a news release. Officers saw Graham lying near the front doorway with multiple gunshot wounds to the body and began life-saving measures until the arrival of ambulance personnel. However, Graham died.