GOSHEN — Jesus Macedo-Perez, 16, appeared in Elkhart Circuit Court for his initial hearing, in which he was read formal his formal charge.
Macedo-Perez of Elkhart is charged with murder. The prosecuting attorney is also seeking to add a criminal gang enhancement if Macedo-Perez is convicted.
The 16-year-old is accused of shooting and killing Braxton Barhams, 16, of Elkhart, on Saturday evening, June 22.
The prosecuting attorney also filed an order Wednesday saying the state was aware of the Indiana Supreme Court’s ruling on a recent case, Loren Hamilton Fry v. State of Indiana, in which the court held that the burden “must be placed upon the state to prove the defendant should be denied bail.”
For about 150 years until June 25, the defendant in a murder case had to demonstrate that proof was not evident or the presumption strong enough and that he was entitled to bail.
This means Macedo-Perez’s attorney can now ask for a bond hearing if his client wishes, and the state would have to prove that Macedo-Perez more likely than not committed murder.
During his hearing, Macedo-Perez told the court his family was in the process of hiring an attorney. Judge Terry Shewmaker scheduled an attorney status hearing Wednesday, July 3, to confirm whether Macedo-Perez has hired an attorney by then.