Harvey teen opts for jury trial
Wed, 18 May 2011 19:24:35 GMT —
Ethan Harvey waived his preliminary hearing Wednesday.
Harvey is one of the teenagers in a family accused of killing of an Ohio man.
Harvey is certified to stand trial as an adult and has requested to have a jury trial in Audrain County.
The request moved the trial from Circuit Court division two to division one, where a jury trial is available.
Harvey had already pleaded not guilty to charges of second degree murder, kidnapping and armed criminal action in division one but since the trial will now be in front of a jury the process begins all over again.
Ethan Harvey is set to appear in court again on June 23 for arraignment.
Authorities say Harvey helped his family kidnap and kill 20-year old James McNeeley in December 2009.
At the time of the murder Harvey was 16. He is 18 years old now.
His younger brother Jordan is also charged as an adult in the crime and has pleaded not guilty to second degree murder.
His sentencing was scheduled for Tuesday but was delayed.
Ethan's father Chester Harvey, Jr. took the stand April 11 and told a judge that he wants to take full responsibility for the murder of McNeely in an effort to help his wife and children who also face charges in the killing.
Chester Harvey was sentenced to life in prison without the possibility of parole.
The oldest son, Chad was also sentenced to life in prison after pleading guilty in December 2010.