A Gary man was released a month before his murder trial, because prosecutors took too long to bring him to trial.
Kenneth Burns, 52, is charged in the June 8, 2022 shooting death of Andre White, 39. He was ordered on Monday to be released on his own recognizance.
His trial is set for Feb. 26 before Judge Salvador Vasquez.
Indiana Criminal Rule 4 is a legal deadline that says there can’t be more than 180 days, or six months worth, of delays due to the prosecution before someone is put on trial.
Defense lawyer Scott King said in court that prosecutors realized they had already hit that deadline after they asked to push back the case on Friday.
Police were called in the morning of June 8, 2022 to the 4800 block off W. 21st Avenue in Gary. White was found lying face down with gunshot wounds in the face and neck “in a grassy area,” according to an affidavit and a police release.
The cause of death was multiple gunshots, according to the Lake County Coroner’s Office.
A witness told police he heard “several gunshots” inside White’s home, then saw him leaning forward against a black chair with Burns holding a gun, the affidavit alleges.
White was “talking (expletive),” when the witness asked why he was shot, Burns said, according to criminal charges.
Police later found latent blood stains in Burns’ Dodge Durango, which had the back seats folded down, documents allege. A security video appeared to show an “older” Durango, the only vehicle driving south on Clark Road in the area where White’s body was later found about a half mile southeast from where he was allegedly shot, police said.
James Guyton
In an unrelated case, James Guyton’s sentencing was delayed Monday after lawyer Adrian Guzman asked Vasquez for more time to meet with his client, because he is not eligible for Lake County Community Corrections.
His new sentencing date is Feb. 12.
Guyton, 23, of Gary, pleaded guilty to reckless homicide in December, admitting he opened fire on May 3, 2021 at a Gary gas station on the 3100 block of W. 15th Ave. A stray bullet hit and killed Jaelyn L. Williams, 21, of Gary, who was sitting in a car.
Hillard Hathaway
Judge Samuel Cappas granted defense lawyer Robert Varga’s request on Monday to push back Hillard Hathaway’s murder trial. It had been scheduled for this week.
He will have another court date Wednesday to pick a new trial date. He has pleaded not guilty.
Hathaway, 52, of Gary, was charged in February 2018 with killing Danny Leake, 44, of Gary, near a Gary junkyard.
His co-defendant Michael Brown was acquitted in November 2018, records show.
mcolias@post-trib.com
