LAFAYETTE, IN — Prosecutors asked that accused conspirators Thomas Moss and Blake Smith face trial together for attempted murder and conspiracy to commit murder, alleging they plotted to kill Judge Steve Meyer, resulting in the Jan. 18 wounding of Meyer and his wife, Kim.
Prosecutors filed the motion Wednesday to join the two cases, noting that Moss and Smith both face nearly identical charges of attempted murder, conspiracy to commit murder, a variety of battery charges and sentence-enhancing charges of criminal gang enhancement and firearm enhancement.
Moss faces a sentence-enhancing charge of being a habitual offender, with which Smith is not charged.
Moss, Smith, Raylen Ferguson and Nevaeh Bell each face conspiracy-to-commit murder charges, attempted murder charges, as well as various other charges. But Ferguson and Bell have not requested to join their cases with Moss and Smith’s cases.
The Jan. 18 wounding of the Meyers at their south-side home was part of a plot to delay Moss’ Jan. 20 trial on 2024 charges, according to prosecutors, who alleged this was a failed gang hit on the judge.
Prosecutors noted that “having these two co-defendants tried at the same time serves the purpose of judicial economy.”
The motion states, “Neither defendant has incriminated the other defendant in any pretrial statements.” This eliminates conflict between the legal defenses, according to the motion.
Special Judge Lisa Swaim gave Moss and Smith’s attorneys until Aug. 18 to present written arguments for or against the joiner motion, and prosecutors have until Aug. 21 to rebut the defense arguments.
In other news from this particular case, Smith’s attorneys filed an appeal Tuesday with the state appeals court over Swaim’s order that granted some of Smith’s motions to modify his conditions of pretrial incarceration.
Swaim ordered that Smith be allowed to have a computer tablet in his solitary confinement cell. He may access movies or other entertainment but cannot connect to the internet or have communication with people outside of the jail.
Swaim’s order also allowed Smith to have photos of his children and his parents and ordered that Smith have access to the jail’s law library.
However, Swaim did not lower Smith’s bond or change the order that he be held in isolation to prevent him from having communication with other inmates. It is this order that Smith’s attorneys are appealing.
Earlier in the week, Smith, Moss and Ferguson filed a joint motion for Swaim to grant a delay in the cases and approve the defendants to appeal to a higher court about Swaim’s earlier rulings on motions for a special prosecutor. Swaim has not ruled on those motions.
Meanwhile, Moss has a pretrial hearing Friday afternoon.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Prosecutors want 2 accused in judge’s shooting tried together
Reporting by Ron Wilkins, Lafayette Journal & Courier / Lafayette Journal & Courier
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By Ron Wilkins, Lafayette Journal & Courier | USA TODAY Network
