By Jessica Taloney Reporter
Published: Tue, April 22, 2008 - 5:30 pm
Last Updated: Wed, April 23, 2008 - 10:39 am
Short URL: http://wkrg.com/a/13088/
Jessica Taloney
Rebecca McEvoy, 11, was killed in a car crash last January.
Prosecutors say because Rebecca died before the case went to trial, a judge must decide whether the case can move forward. The hearing to make that decision was delayed again Tuesday.
"It eats at your nerves. We know we have a case. We're just praying they'll go ahead and get this over," said Aden McEvoy, Rebecca's dad. "This should have been heard last year, but they keep putting it off and putting off, and the judge keeps allowing it."
The suspect, Bob Ingle, was Rebecca's step father and at the time worked as a Chickasaw police officer.
Earlier this month, Ingle's attorney, Michael Harbin, asked the judge to throw out Rebecca's case based on a 2004 Supreme Court ruling. Harbin argued his client had a constitutional right to confront his accuser. A judge recessed the April 2nd hearing until April 22nd to give prosecutors time to study the ruling, but less than 24 hours before the continued hearing was to begin, the defense had reason for another delay. Assistant District Attorney Steve Giardini tells News Five the hearing is postponed because the defense needs more time to talk to the doctor who examined Rebecca.
"We thought finally we're gonna get an answer... Finally we're gonna get an answer and know what's gonna happen," said Rhonda Wheelus, Rebecca's cousin. Wheelus and several other family members were planning to protest outside Government Plaza before Tuesday's hearing.
Ingle is charged with rape, sodomy, and sexual abuse. The hearing is rescheduled for May 20th.
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Our Becca is in Heaven and God Almighty sees all!! I know I serve A God who is more than able to move this mountain out of our way and he is true to his word. God is for the children and everything in darkness will be brought to light so, I believe God this is just more time to expose this man and allow the lord to work. Good Luck with any high dollar att. they want to hire because, I’m trusting in an all knowing, all powerful, and just God. The one who can break the chains of fear, and darkness and set the captive free. A lie will only bring destruction but, the truth shall set you free.