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MISCONDUCT CASE: Final pretrial conference set for May

March 12, 2013

COLUMBIA CITY — A trial date has been announced for a South Whitley man accused of sexual misconduct with a minor.

Timothy Swihart, 19, was arrested Jan. 11 for the charge, which is a Class C felony. He appeared in Whitley County Circuit Court Monday. His attorney, Jeff Arnold, made a motion for a trial date, which was arranged for May 14 and 15, beginning at 9 a.m.

The final pre-trial conference will be May 6 at 9 a.m.

Swihart was alleged to have had sexual relations twice with a 14-year-old girl in the fall of 2012.

In a pre-trial proceeding on Feb. 11, Arnold entered the alibi defense for his client. The defense stated Swihart was home on both dates the alleged encounters occurred.

Derek Ziadeh was also in court Monday for the charge of a probation violation.

Ziadeh was originally sentenced in 2007 for burglary, a Class B felony.

His attorney, Brad Baber, said Ziadeh was having mental difficulties. He is going to be examined later this month by a psychiatrist. Baber requested a continuance as well until the appointment was finished.

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