WARSAW — A motion for joinder of defendants to try three defendants in the same trial has been filed by the state in the trials for accused murders Brandon T. Woody, Kyle D. DeHart and Thomas G. Hursey.
The motion was filed Friday, Jan. 8, and will be heard before Kosciusko Circuit Court Judge Michael Reed at 9:30 a.m. Thursday, Jan. 21.
Woody is charged with two counts of murder.
DeHart is charged with two counts of murder and obstruction of justice. The obstruction of justice charge is a level 6 felony.
Hursey is charged with two counts of murder; aiding, inducing or causing robbery resulting in serious bodily injury, a level 2 felony; and aiding, inducing or causing obstruction of justice, a level 6 felony.
Court documents state each defendant is charged as a conspirator or party to commission of offenses which occurred Feb. 19, 2015, and DeHart and Hursey are also charged with one or more offenses alleged to be in furtherance of the conspiracy or common scheme or plan.
“Conspiracy is not yet charged and not all of the defendants are charged in each count,” states the court document. “However, the information and probable cause affidavits filed in each cause allege that the offenses were part of a common scheme or plan or were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the others.”
The charges stem from the Feb. 19 murders of Tara Thornburg and Joshua Knisley in Syracuse.
Indiana Code 35-34-1-9 has also been filed with the court as a memorandum of law.
On the same day Scott J. Lennox filed a stipulation and acceptance of trial setting as compliance with criminal rule 4 early trial motion. This motion states that Woody acknowledges the jury trial dates set to begin April 28, are outside of the 70 day requirement of Criminal Rule 4. He also acknowledges the jury trial date and accepts and stipulates that such trial setting will be in compliance with the early trial request he made, however, he would object to any continuance of the current trial setting.
A seven-day jury trial was set on Sept. 21 has been scheduled for both men in Kosciusko Circuit Court, starting at 8:30 a.m. April 28.
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