GALLIPOLIS — A case against a Crown City man dismissed earlier this year has been refiled in the Gallia County Court of Common Pleas.
Johathan L. McWhorter, 26, 2350 Hazel Ridge Road, was charged late last year with burglarizing his neighbor’s residence on October 6, 2011, and again on October 11, 2011, charges that were dismissed in March of this year.
McWhorter was arrested by deputies with the Gallia County Sheriff’s Office late in October following an investigation into the break-ins that occurred on Hazel Ridge Road.
A negotiated plea signed by the defendant, defense counsel Charles Knight and prosecuting attorney Jeff Adkins was filed in this case on January 27 as well as a victim’s statement indicating that the defendant agree to enter guilty pleas to both counts of burglary, one of them being demoted to a lessor degree felony. The plea also indicated that the defendant complete the SEPTA program and pay restitution in the amount of $3,400 to the victim in this case.
Following the filing of the plea, a plea hearing was scheduled on February 27, and, during this hearing, the defendant orally moved to continue the matter. The hearing was rescheduled for March 26 in the common pleas courtroom.
Prior to the continued hearing, a “nolle prosequi” was filed in this case by Adkins on March 23 and dismissed for the reason that “the parties need additional time to further negotiate this matter.”
The entry further indicated that the defendant had agreed to be assessed the costs of the case.
An indictment was refiled in this case earlier this month and the defendant was arraigned once again on a second degree felony burglary and a third degree felony burglary charge — charges stemming from October break-ins on Hazel Ridge Road.
The defendant entered a plea of not guilty and his bond was set at $45,000, own recognizance. He and was ordered to have no contact with the victim.
A plea may be filed in this case by September 24 and a trial has been scheduled for October 1 in the common pleas courtroom.