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UPDATE - Murder suspect released due to court error
Jon Luke Benjamine McGuff pleaded not guilty to the murder charge of Billy Matherly, which occurred on May 11, 2023. The Clay County Justice Center confirmed McGuff was no longer in custody on January 31, 2024, due to a court error.
SPEEDY TRIAL REQUIREMENTS
According to the Indiana Supreme Court Trial Rules,;
if a defendant is detained in jail on a pending charge, a trial must be commenced no later than 180 days from the date the criminal charge against the defendant is filed,
or from the date of arrest on such charge,
or whichever is later.
NOTE: Delays caused by a defendant, congestion of the court calendar, or an emergency are excluded from the time period. The court calendar is determined by judges.
A defendant detained beyond the time period of 180 days must be released on their recognizance, but continues to be subject to the criminal charge.
May 11-17, 2023
On May 11, 2023, officers responded to the report of shots fired shortly before 4 p.m., finding a male with several gunshot wounds at 310 North Leavitt St, Brazil.
The male victim was later identified as William Matherly, 48, of Cloverdale.
Several witnesses were located and spoken to, and Indiana State Police identified a person of interest in the Murder.
The public was asked to provide information about the location and whereabouts of Jon L. McGuff.
By the next morning, McGuff was arrested on a fresh criminal charge of Murder within 24 hours.
On May 16, McGuff’s initial court appearance was held in Clay Superior Court.
McGuff entered a not guilty plea and was appointed a public defender, Matthew Robert Effner.
Judge Robert Pell set the trial date for December 18, 2023, 216 days later.
Official court documents show this is where the court calendar error occurred, causing McGuff to be released on his recognition.
CHARGING UPDATE
While released, the court trial on the murder charge continues.
The jury trial is rescheduled to April 22, 2024.
The prosecutor’s office amended McGuff’s charges to include two initial Level A Misdemeanor Unlawful Carrying Of A Handgun within 15 years of a felony conviction. The charges were then enhanced to become Level 5 felonies.
According to the court documents filed by the Clay County Prosecutor’s Office, McGuff was previously convicted of a federal or state offense in Putnam County punishable by a term of imprisonment for one year contrary to state law. The two charges are for the two weapons, a GLOCK 20 Gen4, and a 9mm handgun that McGuff was allegedly in possession of during May 11-12, 2023.