text: Video of a fight that broke out in a holding cell at the Allen County Justice Center between a murder suspect and a witness in the case is shown during the trial of Markelus Carter. 
   
   Carter is on trial for the 2009 murder of Kenneth Warrington. 
   
   During the afternoon break on Wednesday, Carter was mistakenly placed in a holding cell with Steven Upham. The video shows Carter landing the first punch with Upham later putting Carter in a headlock and throwing a few punches followed by Carter biting Upham on the arm. Corrections officers break the fight up after about two minutes. 
   
   Thursday morning Carter's lawyer Jon Paul Rion asked for a mistrial based on the fight. However, Judge Jeffrey Reed said the case would move forward and allowed the video to be shown to the jury. 
   
   Upham was a block mate of Carter's at Allen Oakwood Correctional Institution. Upham testified that Carter told him details of the murder. 
   
   On cross examination the defense pressed Upham on other ways he could have obtained information on the murder besides a direct conversation with Carter. 
   
   Upham then admitted he spent a great deal of time in prison trying to find ways to get released early. However, he denied being promised any reduction in exchange for testimony in this case. 
   
   Three guards were placed in the courtroom during Upham's testimony. The defense is expected to call other inmates to the stand to refute today's statements. 
   
   Later in the day, the state continued building its case by calling lead detective Tim Clark to the stand. Clark's testimony will continue Friday morning. ||||| LIMA — The smile Markelus Carter had each day when he walked into the courtroom may have been knocked off his face by another inmate about to testify against him when the two were accidently placed in a holding cell together. 
   
   Carter entered the courtroom Wednesday afternoon after the fight visibly shaken, with what appeared to be red marks on his face and no longer smiling. He didn’t even acknowledge his family or even try to talk to them as he previously had each day of his murder trial when he entered. 
   
   Carter was involved in a fight with the inmate in a holding cell where the inmate from Allen Oakwood Correctional Facility was being held. A guard accidentally put Carter in a cell with the man during a break in the trial. Neither man was handcuffed. 
   
   Sheriff Sam Crish said the guard erred and that is not standard operating procedure. Crish did not know why the mistake was made and said there would be an investigation. 
   
   “The only thing I know is the two of them were put in a holding cell together,” Crish said. “An altercation broke out between the two and within minutes we were able to go in and break up the two.” 
   
   Carter is charged with aggravated murder with a firearm and having a gun under a court sanction. He is charged in the Feb. 23, 2009, shooting death of Kenneth Warrington outside a home at 436 E. McKibben St. Prosecutors said Carter killed Warrington because Warrington was having an affair with his ex-girlfriend. 
   
   Crish said the fight is recorded on video. He has not reviewed the recording but said he doesn’t believe the fight lasted more than two minutes. 
   
   Crish said neither Carter nor the other inmate suffered serious injuries. “Minor” is how Crish described the injuries. 
   
   Guards and at least once police officer, all older men in their 40s or 50s, sprinted as fast as they could through the courtroom, out the back door to the holding cell out of public view. The second floor that houses two common pleas courtrooms then was flooded with sheriff deputies and Crish. 
   
   Crish did not name the inmate but just before that a sergeant from the prison testified an inmate Steven Upham, serving time for attempted murder, came to him with information about Carter’s case. A prosecutor previously said Carter confessed to an inmate at the prison saying he killed Warrington. Prosecutors would not say if Upham was the inmate Carter fought in the holding cell. 
   
   Judge Jeffrey Reed told attorneys for both sides to return to court a half-hour before the jury Thursday to discuss the matter. 
   
   The day began with drama, as well, when the judge refused to grant a mistrial after Carter’s attorney, Jon Rion, accused the prosecution of surprising him with evidence in direct violation of evidence-sharing rules. Prosecutor Terri Kohlrieser said she and prosecutor Tony Miller did share evidence, required by Ohio law, with Rion and no rules were violated. 
   
   The allegations were over testimony about a MAC 10 firearm that Carter allegedly owned and prosecutors said could have been the murder weapon. 
   
   Reed ruled no rules were intentionally violated but said he may grant a continuance in the trial when the defense’s case begins if Rion needs to call a firearms expert to examine fired bullets and casings found at the crime scene, and testify about MAC 10 style weapons. 
   
   The jury also watched a videotaped meeting during which police were trying to interview Carter for a second time in the hours after the murder but Carter had his head down and appeared disoriented. He asked detectives for medicine for seizures. He was not questioned about the murder. 
   
   Greg Sowinski | The Lima News This is a picture of murder defendant Markelus Carter after he was involved in a fight with an inmate about to testify against him Wednesday that happened when a guard accidentally put them in a cell together. https://www.limaohio.com/wp-content/uploads/sites/54/2015/09/web1_Carter-trial-afternoon-9-16-15-49-.jpg Greg Sowinski | The Lima News This is a picture of murder defendant Markelus Carter after he was involved in a fight with an inmate about to testify against him Wednesday that happened when a guard accidentally put them in a cell together. 
   
   By Greg Sowinski gsowinski@civitasmedia.com 
   
   Reach Greg Sowinski at 567-242-0464 or on Twitter @Lima_Sowinski. 
   
   Reach Greg Sowinski at 567-242-0464 or on Twitter @Lima_Sowinski.
target: – A pretty big oops in Lima, Ohio, this week: Markelus Carter is charged with murder, and during a break in his trial Wednesday, a guard accidentally put him in the same holding cell with another inmate who was set to testify against him. Neither man was handcuffed, and a fight broke out, but "within minutes we were able to go in and break up the two," the local sheriff says, adding that there will be an investigation into the misstep. Carter walked back into the courtroom "visibly shaken" and with red marks on his face, the Lima News reports; the sheriff described the injuries to both men as "minor." The judge wouldn't grant a mistrial, but allowed the jury to watch video of the fight, Your News Now reports; the witness testified the next day.