KENTON — With a jury trial just over two weeks away in Hardin County Common Pleas Court, attorneys for Andrew McCafferty are finalizing their defense strategy in connection with the Oct. 1 stabbing death of Mount Victory resident James Collins.
McCafferty, 46, of Mount Victory, was indicted in November by a Hardin County grand jury on charges of aggravated murder, murder, involuntary manslaughter, felonious assault and tampering with evidence. He remains held on a $1 million bond. Jury selection and trial are scheduled to begin Feb. 2.
Court records show that last month McCafferty’s attorney, Joel Spitzer, filed notice that the defense intends to rely on Ohio’s “stand your ground” law at trial, the Lima News reports.
According to reports, deputies from the Hardin County Sheriff’s Office were called to a location in Mount Victory shortly after midnight on Oct. 1, where Collins, 48, was found in a village street suffering from multiple stab wounds. Collins was transported to Hardin Memorial Hospital, where he later died from his injuries.
In a motion filed with the court, Spitzer cited Ohio law stating that a person who is not the initial aggressor and who is lawfully present “has no duty to retreat before using force, including deadly force,” if the person reasonably believes such force is necessary to defend against the imminent use of unlawful force. The motion further notes that the statutory framework for self-defense is governed by the presumption of innocence and the prosecution’s burden of proof.
During a Jan. 5 pretrial hearing, a proposed resolution to the case was presented by Hardin County Prosecuting Attorney Bradford Bailey. McCafferty advised the court that he wished to stand by his previously entered not guilty pleas, according to court records.
At that same hearing, Judge Steve Christopher ordered that McCafferty wear a stun belt during the trial, which could be activated if he acts inappropriately in the courtroom.
