Attorneys Argue Motions in Parker Case

Marshall County High School shooting suspect Gabriel Parker was in court on Monday.
 
During the hearing, Parker's defense attorney Tom Griffiths entered a motion to continue the proceedings to a later date so the state Attorney General's office can rule on a challenge to the constitutionality of the transfer of Parker's case to circuit court from juvenile court.
 
The challenge to the transfer was filed last week, with Griffiths arguing Monday the transfer was unconstitutional because a hearing was hastily held, and eight required factors for transfer were not met.

"What we had was a rushed form of hearing," Griffiths said. Griffiths said all eight factors should have been examined, calling the case the worst thing that has happened in the county. Griffiths also said that the commonwealth only had 10 minutes of testimony from only one witness, which is not sufficient. 

Assistant Commonwealth Attorney James Ford responded in court Monday, saying, "The legislators have made clear only two of the eight need to be found," Ford said.

He said the two factors that were met are the seriousness of the alleged offense, and that it was committed against persons. When speaking on the claim of the defense that the hearing was too short, Ford said, "Time frame is irrelevant."  

Circuit Judge Jamie Jameson denied the continuance motion, and then heard a motion from Griffiths to move the case back to juvenile court. Jameson did not rule on this motion, but instead issued an order to keep the record open, allowing the Attorney General's office three weeks to respond to the challenge about transferring the case. For now Parker is scheduled to be back in court on August 3rd at 1:00 pm. 

Parker is charged with two count of Murder and 14 counts of assault for the January 23rd shooting at Marshall County High School.