A judge is deciding whether to reduce bail for one of the suspects accused in the near-fatal shooting of Nick Carnevale last August.

The Berkshire Eagle reports that during a bail hearing yesterday, attorney Joseph Harty, representing Kevin Nieves, said new evidence significantly changes the state’s case against his client.

Police believe the shooter likely was Delvalle-Rodriguez, based on witness information and also a recording in which  Delvalle-Rodriguez allegedly admitted to being the one who shot Carnevale.

Also, the state's theory of the case is that Nieves was not the one who pulled the trigger, Nieves and the other co-defendants are being prosecuted under the theory that the assault was a joint venture between them.

District Attorney Joseph Yorlano noted that Nieves also has a pending case of witness intimidation for allegedly contacting that witness from jail and asking them to change their story.

Nieves attorney asked the judge to reduce Nieves’ bail from $20,000 to $5,000.

Nieves, who has pleaded not guilty to charges including armed assault with intent to murder, and aggravated assault and battery with a dangerous weapon, is among four suspects charged in the Aug. 21 incident near the Ashley Reservoir in the town of Washington. Luis Delvalle- Rodriguez, Daquan Douglas, and Christopher Frazier also have been charged in the case.