One of the five men accused of participating in an auto-theft ring was released Thursday on a reduced bond, and now awaits a probable-cause hearing to determine if he will stand trial as currently charged, court records show.
John P. McCutchen, 29, of Vincennes Street in New Albany, and his attorney, Michael McDaniel of New Albany, successfully petitioned Floyd County Superior Court Judge Susan L. Orth Thursday to reduce his bond from $50,000 court-cash to $5,000 court-cash, according to court records. He was released on his new bond, which was paid in about $500 cash.
McDaniel said in an interview this week his client was “in the wrong place at the wrong time” and that the probable-cause affidavit as filed did not show McCutchen was guilty of any crime.
A Friday check of court records shows a hearing to discuss that issue is pending, but a date has not been set. McDaniel said he believes the way the case stands right now, the charge against McCutchen should be amended or dismissed.
McCutchen, along with John Cozart Sr., 50, of Sixth Street in New Albany; John Cozart Jr., 28, of Dutch Creek Road in Pekin; Nicholas Cozart, 32, of East Oak Street in New Albany; and Michael L. Gregory, 41, of Dona Street in Floyds Knobs, were all charged Tuesday with class D felony receiving stolen property. The charge stemmed from a Clark and Floyd county investigation into John Cozart Sr., who was suspected of being involved in the theft of three vehicles from Louisville Auto Auction in December, records say.
At the time of Cozart Sr.’s arrest on Jan. 17, McCutchen, Gregory, and all three Cozarts were at the 500 block of East Oak Street in New Albany in the presence of stolen car parts, according to a probable-cause affidavit.
If convicted, each man could be sentenced to six months to three years incarceration and pay a $10,000 fine. The Cozarts and Gregory were all released on bond earlier this week.
John Cozart Sr. was also charged with class D felony possession of a controlled substance for allegedly having half a Lortab, a drug that contains the same painkiller as Vicodin, without a prescription at the time of his arrest, according to a probable-cause affidavit.
Trial dates have not been set in the case. McCutchen and the Cozarts are set for a pretrial conference in Floyd Superior Court Feb. 21, while Gregory’s next appearance is scheduled for March 4 in Floyd Circuit Court.
Floyd County Prosecutor Keith Henderson was unavailable for comment as of publication deadline Friday.
Floyd County
Bond reduced for auto-theft ring suspect
- Floyd County
-
-
SWEET TREAT: Volunteers see the attraction of annual Starlight Strawberry Festival
-
Board chair: Parks district best solution for New Albany and Floyd County
Mayor Jeff Gahan’s veto of a new parks deal between the city and county was upheld earlier this month by the New Albany City Council. While the Floyd County Council agreed to still pay an additional $100,000 toward the parks department for the remainder of the year, the city and county remain under a prior agreement that led to funding discrepancies in the past.
-
THE 'V' WORD: SUB: Prosser Career Education Center moves away from stigma of ‘vocational’ school
- TARC sets Memorial Day and Kennedy Bridge route changes
-
Vietnam veteran receives medals 46 years after active duty ends
-
Pence talks bridges, jobs during Southern Indiana swing
“I think everyone senses with the recent bridges agreement, the potential for extraordinary growth,” said Mike Pence, a U.S. House member who is seeking to replace Gov. Mitch Daniels and retain the gubernatorial seat for the Republican Party.
-
Delaware woman dies in I-65 crash
-
Collingsworth Family to perform at Silver Heights Retreat Center in New Albany
The Collingsworth Family will be making a return trip to the Silver Heights Retreat and Camp Center in New Albany on Thursday, June 7.
-
Top Gun showing Saturday at the New Albany riverfront
In honor of Memorial Day, the city of New Albany will show the movie “Top Gun” on its new 40-foot screen at the Riverfront Amphitheater Saturday.
-
Organizers say lead contamination won’t hinder community garden in New Albany
Organizers said Wednesday they will proceed with a community garden despite lead contamination being discovered on the Culbertson Avenue site.
- More Floyd County Headlines
-
