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View Trial Process
5.24.05 :: Judge Schneider has set June 7, 2005 for a pre-trial before the next jury trial date, which is expected to be in early September 2005.
5.9.05 :: On 5-8-05, after 29 hours of jury deliberations, Judge Charles Schneider declared a mistrial in the McCoy case because the jury advised the Court that they were deadlocked on the issue of the defendant’s sanity at the time of the offenses. Prosecutor Ron O’Brien announced that the case would be re-tried, and met with the family of Gail Knisley to discuss the next steps in that process.
4.19.05 :: On 4-18-05 a jury was selected and sworn to commence testimony with witnesses on 4-21-05. The jury will tour the 12 shooting scenes prior to the start of the trial. The prosecution will call a victim and a police investigator to describe each of the 12 separate incidents, including Mary Cox, who was the childhood friend of Gail Knisley and who was with Mrs. Knisley when she was shot and killed by McCoy on 11-25-03. During jury selection McCoy's attorneys admitted to the jury that he was the I-270 highway shooter but asked them to consider a claim that he was legally insane at the time of his crime spree. The prosecution explained to the potential jurors that the mere existence of a mental illness by a suspect does not constitute legal insanity but that the defense must also prove that the criminal did not know the difference between right and wrong at the time of his crimes.
3.24.05 :: The court and the attorneys on both sides met for a final pre-trial on 3-22-05. The trial will proceed
as scheduled on 4-8-05. it is anticipated that jury selection will continue for several weeks with witnesses commencing approximately
4-21-05 after the jury visits all 12 shooting locations identified in the indictment. It is expected that once the trial begins that
the evidence will take approximately three weeks to present to the jury. As McCoy has entered a plea of Not Guilty by Reason of Insanity
it is expected that the psychiatric testimony of the two expert witnesses will be very significant to the case.
2.22.05 :: The case remains set for trial on 4-8-05 and is expected to start as scheduled.
1.25.05 :: On 1-15-05 Dr. Phillip Resnick, Director,
Division of Forensic Psychiatry, Case Western University Hospitals,
filed with the Court his report of the examination of Charles
McCoy. Dr. Resnick concluded that Mr. McCoy knew the difference between
right and wrong at the time of the I-270 shootings, and thus
was legally sane. This expert opinion differs from the one supplied
by the Psychiarist selected by McCoys lawyers that resulted in his Insanity
plea. Judge Charles Schneider has scheduled a final Pre-trial
for 1-27-05.
12.21.04 :: The January 7, 2005 trial date was continued to 4-8-05 to allow the second court appointed psychiatrist to complete his examination and file his report regarding McCoy’s sanity at the time of the offenses.
11.22.04 :: Judge Schneider appointed Dr. Phillip J. Resnick M.D. to conduct a second examination of Charles McCoy regarding his sanity at the time of the offense. A prior examination by Dr. Mark Mills resulted in defense counsel filing a Not Guilty by Reason of Insanity plea.
10.21.04 :: McCoy’s lawyers withdrew their previously filed motion to suppress the statements that he made to FBI Agents and Franklin County Deputy Sheriff’s in Las Vegas after his arrest. The stated purpose of withdrawing that motion was a trial strategy that focuses on the recently filed Insanity plea rather than other issues. The Court ordered all parties to complete the discovery process by the end of the month, including a requirement that the defense provide Prosecutor O’Brien with a written report by McCoy’s expert psychiatric witness upon which they have based the insanity plea. Upon receipt of that report the prosecution may request a second mental examination be conducted by an expert recommended by the State.
9.23.04 :: The State responded to the Motion to Suppress and submitted that the defendant knowingly waived his rights in making a statement to police in Las Vegas after his arrest.
Judge Charles A. Schneider has ruled that Charles A. McCoy, Jr. is competent to stand trial. Defense has changed McCoy's not-guilty plea to a plea of not guilty by reason of insanity.
The State has requested its own psychological exam of McCoy and is in the process of identifying an expert witness to examine him.
8.13.04 :: The prosecution filed responses to nearly seventy pre-trial motions filed by defense counsel, most of which deal with standard legal issues typically asserted in capital cases. At the same time, defense counsel filed a motion to suppress statements made by McCoy at the time of his arrest in Las Vegas on 3-17-04. That motion seeks to prevent the prosecution from using any incriminating remarks made by McCoy during interviews by FBI, Las Vegas, or Franklin County law enforcement authorities. The reason claimed by the defense that such statements are inadmissible at trial is that after his arrest McCoy did not waive his MIRANDA rights in writing, and further, that due to his claimed mental condition, even if he were advised of such rights, that he could not knowingly and voluntarily waive those constitutional rights. The prosecution has two weeks in order to respond to that motion to suppress.
07.16.04 :: Defense attorneys filed over 60 motions on various legal and factual issues; and they filed notice that their expert witness concluded, after examination, that defendant is competent to stand trial. Please view the attached schedule for next court date.
05.26.04 :: A Pretrial was held 5/13/04 and a scheduling order was agreed to as follows:
Download the scheduling order (PDF 157 KB)
05.10.04 :: A Pre-trial is scheduled for the Charles A. McCoy case on Wednesday, May 12th, at 9:00 a.m., before Judge Schneider in Courtroom 9B. Items considered at a Pre-trial are discussion about motions that are pending, setting a trial date, the schedule for other proceedings, reviewing the status of discovery, as well as the status of the case in general.
Download the indictment (PDF 99KB)
04.05.04 :: Charles A. McCoy, Jr., through his lawyers, entered a not guilty plea to the indictment handed down by the Franklin County Grand Jury, and passed on bond in arraignment court this afternoon. This case has been assigned to Judge Charles A. Schneider in courtroom 9B.
04.02.04 :: The arraignment of Charles Allen McCoy, Jr. will be Monday, April 5, 2004 at 1:00 p.m. in Courtroom 9B, before Judge Beverly Pfeiffer at 369 South High Street.
04.01.04 :: The Franklin County Grand Jury returned a Capital Murder indictment today against Charles Allen McCoy, Jr. The Aggravated Murder charge that carries death penalty specifications is for the November 25, 2003 shooting death of Gail Knisley, I-270 and SR104.
Download the indictment (PDF 99KB)
Synopsis – The indictment has been returned as to 12 of the 24 incidents linked to the I-270 Shooter. Those incidents in which the Sheriff’s Office has previously announced a ballistics or casings match are the incidents in which indictments were returned. One other incident is still under active investigation.
In other incidents McCoy is charged with Felonious Assault and/or Attempted Murder for shooting at an occupied moving vehicle.
One incident involves Vandalism by shooting an immobile vehicle, one incident involves shooting into a unoccupied school, one incident involves shooting into an unoccupied residence, and one incident involves shooting into an occupied residence.
All incidents have a 3 year gun specification that a firearm was used to commit the offense.
McCoy is 28 years of age and formerly resided at 989 Radbourne in Columbus, Ohio. Prior to the indictment he was being held without bond in the Franklin County Jail for Felonious Assault in connection with a December 15, 2003 shooting into a residence at 901 Brown Road.
The indictment contains 24 counts that related to 12 incidents between October 19, 2003 and February 14, 2004. Those incidents are as follows:
1. 10/19/03 – Sunday 11 p.m., I-270 west of I-71
Gunshot to Yellow Freight tractor operated by William Briggs
Charges are Felonious Assault, Attempted Murder, Vandalism, all with gun specifications
2. 11/11/03 – Tuesday 1:30 a.m., Hamilton Central Elementary School,
1105 Rathmell Road
Charge is Shooting at or Into a School Zone, with a gun specification
3. 11/15/03 – Saturday – Noon, 3408 S. High St., gunshot to a 1995 Astro Van on Paydays South lot
One charge of Vandalism with a gun specification
4. 11/21/03 – Friday 7:40 p.m. – Rt. 23 near Rathmell Rd.
Ford Windstar driven by Edward Cable, struck driver’s side, middle window Charges are Felonious Assault and Attempted Murder, with gun specification
5. 11/25/03 – Tuesday – 10:00 a.m., I-270 & Rte. 104
Pontiac Grand Am struck on driver’s door. Operator is Mary Cox and passenger Gail Knisley
Charges are Aggravated Murder with death penalty and gun specifications; and Felonious Assault and Attempted Murder
6. 11/30/03 – 12/1/03 – 1798 Lisle, Obetz, residence of Donald Fitch and Emma Fader
Charge is Shooting into a Habitation, with a gun specification.
7. 12/15/03 – Monday – 12:20 a.m., 901 Brown Road, Columbus, Ohio, residence of Ronald Edwards
Charges are Shooting into a Habitation and Felonious Assault, both with gun specifications
8. 1/22/04 – Thursday – 12:45 a.m., N/B I-7 area Lambert Rd.
Bullet struck vehicle of Michael Thomas in the hood/front windshield
Charges are Felonious Assault and Attempted Murder, both with gun specifications
9. 2/3/04 – Tuesday – 2:10 p.m. Madison County – N/B I-71 area Palestine Rd.
Bullet struck driver’s side windshield of vehicle operated by John Caito
Charles are Felonious Assault and Attempted Murder, both with gun specifications
10. 2/8/04 – 11:15 a.m. Fayette County – I-71 NB at Brock Road
Van of Cheryl Shreyer struck on hood
Charges are Felonious Assault and Attempted Murder, both with gun specifications
11. 2/8/04 – Sunday 11:20 a.m. – Fayette County – I-71 NB at Prarie Rd.
Vehicle of Douglas Berry struck on center hood of car
Charges are Felonious Assault and Attempted Murder, both with gun specifications
12. 2/14/04 – Saturday – 10:15 a.m. Licking County – I-70 EB at Tollgate Rd.
Right front fender of Tony Hall’s Chevy Suburban struck by bullet
Charges are Felonious Assault and Attempted Murder, both with gun specifications
03.30.04 :: A preliminary hearing was held in Municipal Court before Judge Brandt and after a 3 hour hearing in which defendant’s mother, Ardith McCoy and father, Charles McCoy, Sr., as well as task force detectives and ballistics expert Mark Hardy testified, the case was bound over to the Franklin County Grand Jury for indictment.
03.26.04 :: McCoy’s car was returned from Las Vegas and is being examined by the Bureau of Criminal Investigation.
Bullet casings are being examined at the request of the Prosecutor by Columbus Police Department Crime Lab. We can’t release results.
An oral swab was obtained from suspect while in the Franklin County Jail for purposes of DNA testing. We can’t release results.
Preliminary Hearing is set for Tuesday, March 30 and we are preparing as if there would be a preliminary hearing. It has been rescheduled from 9:30 a.m. to 1:30 p.m.
03.22.04 :: Charles A. McCoy, Jr. waived his right to his initial appearance in the Franklin
County Municipal Court today before Judge Ted Barrows where his attorney passed on bond. His Preliminary Hearing date
is March 30, 2004 at 9:30 am in Courtroom 4-D at 375 S. High Street, Columbus, Ohio.
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