GOSHEN — A teenager charged with murder might go to trial as early as Nov. 18, after the judge denied a motion for a continuance in his case.
Jesus Macedo-Perez, 16, of Elkhart, and his attorney appeared in Elkhart Circuit Court Thursday, Oct. 3, for a hearing.
Kevin Milner, Macedo-Perez’s attorney, said he needed more time to get deposition from witnesses for his client’s defense.
He also told the court he was planning on offering evidence of alibi in trial.
However, prosecuting attorney Vicki Becker said she opposed Milner’s request of a continuance because he had the time to prepare since receiving discovery in July.
Becker also said that the deadline for filing an alibi defense was in August.
According to Indiana Code 35-36-4-1, there is an deadline for filing for an alibi defense.
Judge Terry Shewmaker said the motion to continue was denied. He backed Becker’s claim that Milner was past the deadline for filing an alibi defense.
Milner told the court he’d file a motion asking the court to reconsider.
Macedo-Perez faces a murder charge for his involvement in a fatal shooting June 22 in Elkhart.
The prosecuting attorney also filed a criminal gang enhancement, which would double Macedo-Perez’s sentence if he is convicted and if the prosecuting attorney can prove that he was participating in criminal gang activity.
Braxton Barhams was wounded in a drive-by shooting near 250 W. Garfield Ave. June 22. He was taken to Elkhart General Hospital, where he was pronounced dead.
Elkhart County coroner John White said Barhams died of a single gunshot wound and ruled his death a homicide.
Macedo-Perez was arrested the next morning and was charged June 26.
The judge said Macedo-Perez’s trial status conference is scheduled Nov. 7, at which time the court will ask both parties if they will go to trial.