Attempted murder case continued in Southwest District Court
The attempted murder case against a Dickinson man was continued until March as requested by the state Tuesday at a pretrial conference in Southwest District Court.
Stark County State's Attorney Rhonda Ehlis said she had just received the psychological evaluation that was conducted on Matthew Foxworthy, born in 1989.
In addition, Ehlis said one of the state's witnesses will be out of the country until March.
Foxworthy's attorney, Michael Hoffman, agreed to the state's proposal for a continuance.
"We just got the written psychological report and hope it might help bring a resolution to the case," Hoffman said.
He added that it may be hard for the court to find a March date for a week-long trial that will work with his schedule, so Judge Zane Anderson recommended that he work with the court's calendar control clerk to find a trial date that will be appropriate.
Foxworthy is accused of strangling his girlfriend June 14 until she was unconscious.
He allegedly knocked teeth out and fractured the facial bones of the female victim, who now has a permanent plate in her chin and a shifted bite in her mouth, according to the document.
It is also alleged that the female victim's injuries caused swelling that cut off her air supply and required immediate medical attention in order for her to breathe.
In addition, Foxworthy is accused of chipping the tooth of a male victim who dined and drank with Foxworthy and the victim the night of the incident. The male victim is believed to have stepped in to defend the female victim.
Foxworthy is charged with Class A felony count of attempted murder, one Class B felony, one Class C felony count of aggravated assault and one count of Class B misdemeanor fleeing on foot in the incident.
Foxworthy is being held in the Southwest Multi-County Correction Center.
An attempted murder charge carries a maximum penalty of 20 years in prison and a $10,000 fine.
In other court:
Co-defendants Juan Antonio Rico Lopez, who is charged with Class B misdemeanor disorderly conduct, and Nora Midiam Ontiveros Anaya, who is charged with Class C felony criminal conspiracy and Class B misdemeanors assault and criminal conspiracy, also appeared in Southwest District Court for pretrial hearings in a Bowman County case.
Lopez's attorney said his client wants to go to trial and rejected a plea offer by the state. The terms of the offer were not discussed in court.
Judith Roberts, attorney for Anaya, asked the court for a one-week extension to discuss a recent plea offer with her client.
It was alleged at the preliminary hearings last year that the defendants led three victims to Ontiveros' home in Rhame, where dancing was taking place when a fight broke out between Ontiveros and two other people. After the fight, the victims alleged they were put into a room and were unable to open the door for some time until someone let them out.