June 26, 2008

Preliminary Hearing Set in Murder Trial

A preliminary hearing has been scheduled for August 8th in the Scotland County Courthouse for a Memphis man facing a first degree murder charge.

Michael J. Mutchler, 21, is set to appear before Associate Circuit Judge Judge Karl DeMarce at 9:00 a.m.

Mutchler was arrested June 8th and two days later was charged with the class A felony of murder in the first degree and felony armed criminal action stemming from the shooting death of 33-year-old Joseph Alvey at a rural Gorin residence.

Mutchler’s attorney filed a motion for bond reduction on June 12th but has not yet filed a notice seeking a hearing to determine the future of the $1 million bond amount set by Judge DeMarce following the arrest.

The preliminary hearing is not a trial for the defendant, thus it does not require the same degree of proof, simply enough evidence must be presented by the prosecutor to the judge to establish probable cause that a crime has been committed and that the defendant committed the crime. The defendant has the right to wave the preliminary hearing.

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