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Dismissal in homicide rejected by judge

Nov. 06, 2012 @ 12:00 AM

HUNTINGTON -- Stewart Longworth Jordan won't be getting out of jail anytime soon.

Cabell Circuit Judge Paul T. Farrell rejected Jordan's motion for dismissal Monday finding the court had not violated the 20-year-old's right to a jury trial within a year and a few months of indictment.

Jordan, then a juvenile, stands charged with murder in the July 27, 2010, shooting death of Mark Lowry. His co-defendant, Rajion A. Mayo, pleaded guilty last year to second-degree murder and an unrelated count first-degree robbery.

Jordan's attorney, R. Lee Booten, argued Monday for Farrell to overrule the state's most recent case law and find a client's demand, or lack thereof, for trial does not impact a violation of his rights.

Booten also argued that violations occurred in the May 2011 and September 2011 terms of court. He said Jordan agreed to the May 2011 postponement without a full, court-provided explanation of the rights he waived.

In the September 2011 term, Booten argued Jordan's previous attorneys waived the defendant's right to trial without his physical appearance in court.

Farrell rejected each of those arguments.

Jordan then knowingly postponed his trial into early 2013, however a plea offer remains on the table until mid-November.