IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*

[FrostedGlass]

05/17/2021 = Hearing Journal Entry
State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Defendant files Motion to Continue Jury Trial. db

05/20/2021 = Order Granting Motion for Continuance
Comes now Court and grants Defendant's Motion to Continue. Jury trial is continued to 10-5-21 at 8:30 a.m. and final pretrial is set for 9-13-21 at 1:30 p.m. db
Order Signed: 05/17/2021

05/20/2021 = Hearing Scheduling Activity
Jury Trial originally scheduled on 06/15/2021 at 8:30 AM was rescheduled to 10/05/2021 at 8:30 AM. Reason: By Request.

05/20/2021 = Hearing Scheduling Activity
Final PreTrial Conference scheduled for 09/13/2021 at 1:30 PM.

05/21/2021 = Automated ENotice Issued to Parties
Order Granting Motion for Continuance ---- 5/20/2021 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt Hearing Scheduling Activity ---- 5/20/2021 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt Hearing Scheduling Activity ---- 5/20/2021 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt

09/13/2021 = Final PreTrial Conference
Session: 09/13/2021 1:30 PM, Judicial Officer: Kenworthy, Dana J.

10/05/2021 = Jury Trial
Session: 06/23/2020 8:30 AM, Rescheduled
Session: 10/27/2020 8:30 AM, Rescheduled
Session: 03/16/2021 8:30 AM, Rescheduled
Session: 06/15/2021 8:30 AM, Rescheduled
Session: 10/05/2021 8:30 AM, Judicial Officer: Kenworthy, Dana J.

 

[Niner]

Thanks @FrostedGlass !

 

[FrostedGlass]

No new updates for Austin Smith.
27D02-1912-F5-000154

 

[FrostedGlass]

No new updates yet:

09/13/2021 = Final PreTrial Conference
Session: 09/13/2021 1:30 PM, Judicial Officer: Kenworthy, Dana J.

10/05/2021 = Jury Trial
Session: 06/23/2020 8:30 AM, Rescheduled
Session: 10/27/2020 8:30 AM, Rescheduled
Session: 03/16/2021 8:30 AM, Rescheduled
Session: 06/15/2021 8:30 AM, Rescheduled
Session: 10/05/2021 8:30 AM, Judicial Officer: Kenworthy, Dana J.

 

[FrostedGlass]

Bump for Niner; still nothing new.

 

[FrostedGlass]

Bump for Niner; still nothing new.

 

[FrostedGlass]

Thanks @FrostedGlass !

No new dates. Still on for

09/13/2021 = Final PreTrial Conference
10/05/2021 = Jury Trial

 

[Niner]

No new dates. Still on for

09/13/2021 = Final PreTrial Conference
10/05/2021 = Jury Trial

Thanks!

 

[Niner]

Monday, Sept. 13th:
*Final Pretrial Hearing (@ 1:30pm ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22/now 23) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial was set to begin on 6/15/21 continued to 10/5/21.
Court info from 12/10/19 thru 2/22/21 reference post #74 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*
2/22/21 Update: Court grants defendant’s motion to continue trial. Jury trial set to begin on 6/15/21 & final pretrial hearing on 5/17/21 @ 1:30pm. 5/17/21 Update: State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Defendant files Motion to Continue Jury Trial.
5/17/21 Update: State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Defendant files Motion to Continue Jury Trial. 5/20/21: Order Granting Motion for Continuance of trial. Comes now Court & grants Defendant's Motion to Continue. Jury trial is continued to 10/5/21 at 8:30am & final pretrial is set for 9/13/21 at 1:30pm.

 

[FrostedGlass]

Monday, Sept. 13th:
*Final Pretrial Hearing (@ 1:30pm ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22/now 23) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial was set to begin on 6/15/21 continued to 10/5/21.
Court info from 12/10/19 thru 2/22/21 reference post #74 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*
2/22/21 Update: Court grants defendant’s motion to continue trial. Jury trial set to begin on 6/15/21 & final pretrial hearing on 5/17/21 @ 1:30pm. 5/17/21 Update: State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Defendant files Motion to Continue Jury Trial.
5/17/21 Update: State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Defendant files Motion to Continue Jury Trial. 5/20/21: Order Granting Motion for Continuance of trial. Comes now Court & grants Defendant's Motion to Continue. Jury trial is continued to 10/5/21 at 8:30am & final pretrial is set for 9/13/21 at 1:30pm.

I've seen that judge's court live stream on occasion so I'm going to try to catch this one today. There are over 55 cases scheduled for the 1:30 time slot; some of the accused have multiple cases but it's still going to be a long afternoon.

 

[FrostedGlass]

The court didn't stream in the afternoon but we have an update today:

09/13/2021 = Final PreTrial Conference
Session: 09/13/2021 1:30 PM, Judicial Officer: Kenworthy, Dana J.

09/15/2021 = Hearing Journal Entry
State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Change of plea is set for 9-27-21 at 9:00 a.m. db

09/15/2021 = Telephonic Communication with Party
Defendant telephones Court on 9-14-21 and inquires about case. Court staff advises Defendant of change of plea date and time and advises that he needs to appear in person at hearing. db

09/27/2021 = Change of Plea Hearing
Session: 09/27/2021 9:00 AM, Judicial Officer: Kenworthy, Dana J.

10/05/2021 = Jury Trial
Session: 10/05/2021 8:30 AM, Judicial Officer: Kenworthy, Dana J.

 

[Niner]

Monday, Sept. 27th:
*Change of Plea Hearing (@ 9am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22/now 23) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial set to begin on 10/5/21.
Court info from 12/10/19 thru 5/17/21 reference post #89 here:
https://www.websleuths.com/forums/t...enger-marion-26-nov-2019-arrest.488880/page-4
5/20/21: Order Granting Motion for Continuance of trial. Comes now Court & grants Defendant's Motion to Continue. Jury trial is continued to 10/5/21 at 8:30am & final pretrial is set for 9/13/21 at 1:30pm. 9/13/21 Update: State appears by Scott Hunt. Craig Persinger is present on behalf of defendant. Final pretrial held. Change of plea hearing is set on 9/27/21 @ 9am. 9/15/21: Telephonic communication. Defendant telephones Court on 9/14/21 & inquires about case. Court staff advises defendant of change of plea date & time & advises that he needs to appear in person at hearing.

 

[FrostedGlass]

Update:

09/27/2021 = Change of Plea Hearing
Session: 09/27/2021 9:00 AM, Judicial Officer: Kenworthy, Dana J.

09/28/2021 = Hearing Journal Entry
State appears by Scott Hunt. Defendant is present in person & by Counsel Craig Persinger. Plea agreement filed. Guilty plea held. db

09/28/2021 = Plea Agreement Filed

10/05/2021 = Jury Trial
Session: 10/05/2021 8:30 AM, Judicial Officer: Kenworthy, Dana J.

 

[Niner]

Thank you for that info @FrostedGlass - so if he changed his plea to guilty - wondering why they still have jury trial scheduled? Maybe sentencing date?

 

[FrostedGlass]

Thank you for that info @FrostedGlass - so if he changed his plea to guilty - wondering why they still have jury trial scheduled? Maybe sentencing date?

I don't know. Usually nothing more is done until a pre-sentence investigation comes back.

 

[Niner]

I don't know. Usually nothing more is done until a pre-sentence investigation comes back.

Okay - thanks!

 

[FrostedGlass]

New update:

09/28/2021 = Plea Agreement Filed

09/29/2021 = Order Issued
Order on Guilty Plea issued. The Court orders a Presentence Investigation Report to be made and filed, and sets sentencing hearing on October 25, 2021 at 10:30 a.m. db

09/29/2021 = Hearing Scheduling Activity
Sentencing Hearing scheduled for 10/25/2021 at 10:30 AM.

09/29/2021 = Hearing Scheduling Activity
Jury Trial scheduled for 10/05/2021 at 8:30 AM was cancelled. Reason: Other.

10/05/2021 = CANCELED Jury Trial
Reason: Other

10/25/2021 = Sentencing Hearing
Session: 10/25/2021 10:30 AM, Judicial Officer: Kenworthy, Dana J.

 

[FrostedGlass]

I onder if he's been smart and has a favorable report:

10/20/2021 = Pre-Sentence Investigation Report Filed
Presentence Investigation Report
Filed By: Grant County Probation Department

10/25/2021 = Sentencing Hearing
Session: 10/25/2021 10:30 AM, Judicial Officer: Kenworthy, Dana J.

 

[Niner]

Monday, October 25th:
*Sentencing Hearing (@ 10:30am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22/now 23) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial was set to begin on 10/5/21 but plead guilty on 9/27/21.
Court info from 12/10/19 thru 9/13/21 reference post #92 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*
9/15/21: Telephonic communication. Defendant telephones Court on 9/14/21 & inquires about case. Court staff advises defendant of change of plea date & time & advises that he needs to appear in person at hearing. Change of plea hearing on 9/27/21.
9/27/21 Update: Hearing was held. State appears by Scott Hunt, defendant is present in person & by Counsel Craig Persinger. Plea agreement filed. Guilty plea held. Order on Guilty Plea issued. The Court orders a Presentence Investigation Report to be made & filed & sets sentencing hearing on 10/25/21 at 10:30am. 10/20/21: Pre-sentence investigation report filed by Grant County Probation Dept.

 

[FrostedGlass]

I was watching the live stream and caught part of the sentencing. The judge accepted his plea but I didn't catch all the details. Here's the latest update:

10/25/2021 = Sentencing Hearing
Session: 10/25/2021 10:30 AM, Judicial Officer: Kenworthy, Dana J.

10/25/2021 = Hearing Journal Entry
State appears by Scott Hunt. Defendant is present in person & by Counsel Craig Persinger. Sentencing held. db

10/26/2021 = Conditions of Probation
Order Signed: 10/26/2021