Wheels Of Justice Slow, But Moving
WARSAW — Things moved quickly after the deaths of Tara Thornburg and Joshua Knisley on Feb. 19. Five individuals were arrested in less than a month and initial hearings were held. But since then, little has been reported.
The cases are not forgotten. The wheels of justice are in motion.
Motions filed and pre-trial conferences held, or continued, have occurred since initial hearings for Brandon T. Woody, Kyle D. DeHart, Joan M. DeHart, Thomas G. Hursey and Ashlyn N. Shepard. There have also been notices of additional discovery filed.
As of Wednesday, Aug. 26, Joan DeHart and Ashlyn N. Shephard are scheduled for pre-trial conferences Monday in Kosciusko Circuit Court. Thomas Hursey had a pre-trial conference Monday, Aug. 24. The next pre-trial set for Woody and Kyle DeHart is Sept. 21.
Pre-trial conferences are generally held in the chambers of the judge, thus closed to the public. This is a meeting between the judge, prosecution and defense attorney. These events are reviews as to where everyone is at in the case, are both sides obtaining and receiving discovery material? Are there any issues? If there is a plea agreement are they still far apart or getting closer?
Individuals charged in any case are protected by Indiana Rules of Court, Rules of Criminal Procedure, including Criminal Rule 4. This rule sets out the rights of an accused individual. View Rules of Criminal Procedure.
Either side of a court case can ask for a continuance. However, which ever side seeks the continuance, it goes against that side according to these court rules, this includes every day of the week and holidays. Continuances by either side can be requested as often and for any reason as desired, as long as the judge allows and accepts it.
A Look At Each Individual Charged
Here is a highlight review of the chronological case summary, which is public record, for each individual charged in the case, including individual charges:
Brandon Woody
Charged with two counts of murder and being held without bond.
- A warrant was issued Feb. 19 and served on the same day. An initial hearing held Feb. 26 with a status conference set for March 30 and first pre-trial conference set for April 27. A hearing to set bond was held March 11, which the court denied.
- A change of venue motion was filed March 26, and on June 8, the defense asked for a hearing on the motion. A deadline was set, but extended to file briefs with the court. As of Aug. 13, no further date has been set to hear that motion.
- On April 20, a notice of an alibi defense was filed and on April 27, a jury trial was set for Aug. 17 for five days. The defense asked on June 16 to continue the trial and it was granted with no future date set.
- Pre-trial conferences, where the defendant is ordered to appear, were set for: April 27, at which time a further PTC was requested, and June 8. Again on June 8, the defense asked for further date, scheduled for Aug. 8. On Aug. 8, a third PTC was set for Sept. 21. In all three instances CR 4 time was attributed to the defendant.
Kyle DeHart
Charged with two counts of murder and obstruction of justice. He is being held without bond.
- A warrant issued March 6 and served the the same day. An initial hearing was held on March 12, setting April 13 as a status conference and first pre-trial conference set for May 11.
- Prior to the May 11 pre-trial conference, continuances were requested on April 24 to May 18. That conference was continued to July 20 and on July 20, a further PTC was scheduled for Sept. 21. In all instances CR 4 time was attributed to the defendant.
Joan DeHart
Charged with assisting a criminal, released on $10,000 surety bond.
- A warrant was issued and served on March 4. The initial hearing was waived. A status conference was set for April 13, with the first pre-trial conference set for May 11. The date for the status conference was continued to April 20.
- A further PTC was scheduled for July 13, and another date set for Aug. 31. In all instances CR 4 time was attributed to the defendant.
Thomas Hursey
Charged with two counts of murder; aiding, inducing or causing robbery with serious bodily injury; and aiding, inducing or causing obstruction of justice. He is being held on no bond.
- A warrant was issued on March 12 and served on March 19. An initial hearing was held on March 19, setting April 20 for a status conference and pre-trial conference set for May 18.
- The defense requested a further PTC, scheduled for July 20. The July 20 PTC resulted in another further PTC scheduled for Aug. 24. On Aug. 24, a further PTC was scheduled for Oct. 26. Hursey was ordered to appear at the next PTC. In all instances CR 4 time was attributed to the defendant.
Ashlyn Shepard
Charged with obstruction of justice, released on $5,000 surety bond.
- A warrant was issued on March 11 and served on March 12. A motion to waive the initial hearing was filed March 27, with the status conference set for May 4, and first PTC set for June 8.
- June 8 a further PTC was scheduled for Aug. 31. CR 4 time was attributed to the defendant.