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Attempted murder trial date set in Dickinson

Matthew Foxworthy

A man accused of the attempted murder of his girlfriend in Dickinson a little more than one year ago will proceed to trial next month.

Because the defendant, Matthew William Foxworthy, did not accept a plea offer from the state, he will be scheduled for a five-day trial to begin July 17, Stark County Assistant State's Attorney Rhonda Ehlis said at a pretrial hearing Tuesday in Southwest District Court in Dickinson.

"(The victim) is also coming from Washington state and will have her last surgery the week after the trial is scheduled to end, so she may have to reschedule her surgery if the trial runs longer," Ehlis said.

Foxworthy, who was born in 1989, is accused of strangling his girlfriend until she was unconscious on June 14, 2012, according to the amended criminal complaint.

He allegedly knocked out her teeth and fractured her facial bones. The victim now has a permanent plate in her chin and a shifted bite in her mouth, according to the complaint.

The complaint also alleges 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 on the night of the incident.

The male victim is believed to have stepped in to defend the female victim when he sustained the chipped tooth, according to the complaint.

Foxworthy was charged with one count of Class A felony attempted murder, one count of Class B felony aggravated assault, one count of Class C felony aggravated assault and one count of Class B misdemeanor fleeing on foot.

An attempted murder charge carries a maximum penalty of 20 years in prison and a $10,000 fine.

Foxworthy continues to be held at the Southwest Multi-County Correction Center in Dickinson.

In determining the number of jurors to summon for Foxworthy's trial next month, Judge Zane Anderson suggested at Tuesday's hearing that at least 36 jurors be called, in order to have a large enough number of people to create a 12-member jury, plus one alternate.

That amount was increased to 44 jurors after both Ehlis and Foxworthy's attorney, Michael Hoffman, said they felt that 36 may not be a sufficient amount.

"Because this is an attempted murder charge, I think having 44 jurors is better," Hoffman said.