MANCHESTER — The scheduled Sept. 10 court date for Tony Hebert's second-degree murder trial in Hillsborough County Superior Court North was scrapped Wednesday after his private attorney withdrew from the case for nonpayment of fees.

Hebert, 28, formerly of 692 Rimmon St., is accused of shooting Pablo Samniego, 21, in the face July 17, 2011, at Ferry and South Main streets.

One of the second-degree murder charges accuses Hebert of recklessly causing Samniego's death. The other alleges he knowingly caused Samniego's death.

Police said Samniego was walking with a friend that Saturday morning, just before 3 a.m., when a car pulled up next to them and, after a brief conversation, the man in the car shot Samniego in the face.

Hebert was arrested two days later. A status hearing in the case had been scheduled for Wednesday in Hillsborough County Superior Court North, with a motions hearing set for Aug. 10, in anticipation of the trial starting in September.

But Hebert's attorney, William Sullivan, told Judge David Garfunkel that he hasn't been paid for the past 30 days, despite a contract with Hebert's family, and hasn't been able to resolve the problem.

“Either you're moving to withdraw or you're not,” said Garfunkel, who then said he was granting the withdrawal motion and would appoint a public defender to represent Hebert.

Senior Assistant Attorney General Jeffrey Strelzin said Hebert originally was represented by public defenders Caroline Brown and Eric Raymond. Strelzin said Hebert had objections to Brown and essentially fired her, and that Todd Russell was appointed, but Hebert still wasn't happy and sought the private counsel.

“The defendant was extremely unhappy with his public defenders,” said Strelzin, who asked that contract counsel be appointed to represent Hebert.

Garfunkel said contract counsel — a private attorney contracted to represent defendants financially eligible for public defenders — don't handle murder cases.

Raymond, who was in the courtroom Wednesday, then joined defense and prosecution attorneys in a bench conference, after which Garfunkel told Hebert he was again appointing public defenders to represent him. Garfunkel said the planned Sept. 10 trial date is no longer feasible and asked Hebert to waive his right to a speedy trial, which he did.

Garfunkel said Raymond and Sullivan need to meet and arrange for the transfer of information and materials and that next Friday's planned motions hearing will be a structuring conference.

A new trial date will be set.