Two of the three former Marion County Fire Rescue employees charged with violently hazing one of their colleagues no longer need to wear electronic monitoring devices while they are free on bond.
That decision from Circuit Judge Timothy McCourt came during a Feb. 9 hearing in the cases.
The judge also set a pre-trial conference date of March 24 for the two co-defendants and asked if they wanted bench or jury trials. The defense attorneys were non-committal.
Kyle Erickson of the Office of Criminal Conflict & Civil Regional Counsel, who’s representing Edward Theodore Kenny III, told the court that the evidence is extensive.
Assistant State Attorney Laura Hope, who was substituting for Assistant State Attorney Drew Brandies, told the court no plea offer has been extended to either defendant.
During the hearing, Erickson told the court that since the November incident, Kenny has experienced financial hardship. Kenny has no criminal record.
In a brief question-and-answer period, Kenny told the court although he was born in Maryland, he has lived in Marion County since he was 1 year old. Wearing a suit and tie, the 22-year-old man said he plans on remaining in Marion County, now has a job, and is willing to take random drug and alcohol screenings.
His lawyer told the court they were willing to resolve the case with pre-trial intervention.
After hearing from Kenny, the judge said he would modify the conditions of pre-trial release and remove the requirement for electronic monitoring.
Defense lawyer Ian Pickens, representing Tate William Trauthwein, told the court prosecutors had no objection with his client being free from electronic monitoring. Trauthwein, 20, was not present in court.
The judge told Pickens he had no objection to Trauthwein not wearing an electronic device. He said Trauthwein and Kenny cannot have contact with each other or their third co-defendant, and they cannot visit any fire stations.
Neither the third co-defendant, Seth Darren Day, 22, nor his lawyer, Bobi J. Frank, was in court on Feb. 9.
The co-defendants are accused of violently hazing a fellow firefighter in November outside Fire Station 21, 7884 SW 90th St., Ocala. Day, Kenny and Trauthwein are charged with false imprisonment and battery. The state declined to file charges against a fourth person, Kaylee Kathleen Bradley, who was arrested with the three men.
All four were fired. Bradley’s lawyer, Andy Ingram, said his client is planning to ask for her job back.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: No pre-trial electronic monitoring for 2 ex-Marion County Fire Rescue workers
Reporting by Austin L. Miller, Ocala Star-Banner / Ocala Star-Banner
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