CLAY COUNTY, Ind. (WTWO/WAWV) — A Brazil man charged with murder has been released from jail on a recognizance bond following a motion from his defense attorney.
According to court records, the release of Jon L. McGuff, is due to the case surpassing the man’s right to a speedy trial while he was held in custody.
McGuff is facing a murder charge as well as two misdemeanor charges of carrying a handgun unlawfully in relation to the death of William Matherly who was shot four times in the chest in May of 2023.
While the murder charge came down on May 16, 2023, the Clay County judge set McGuff’s initial trial date outside of the six month window on December 18, 2023.
Rule 4(a) states that a defendant who is detained on a pending charge must have the trial begin no later than 180 days after the date of the criminal charge against the defendant is filed, or from the date of their arrest on such charge, whichever is later.
In a motion for release, McGuff’s public defender Matthew R. Neuman pointed out that the speedy trial time limit had passed. Public court records indicate that Judge Robert A. Pell granted the release in a December 2023 order.
The Clay County Jail confirmed, as of 11 a.m. on January 31, that McGuff is no longer in their custody.
Court records indicate that McGuff’s trial has been rescheduled to begin at 9 a.m. on April 22.
