A five-year-old murder case was delayed again Tuesday so the defense can search for a key witness.
Patrick Carmody was indicted on charges of felony murder and especially aggravated robbery in 2012, two years after the Hixson robbery and shooting death of Chance LeCroy, 21. Carmody's trial was initially set for Tuesday, but his attorney, Lee Ortwein, asked for more time to track down a woman he said was a key witness.
The woman, Ashley Birdwell, identified Carmody in a photo array. But Ortwein said he believes her testimony could exonerate Carmody.
"She has potentially exculpatory evidence for my client," Ortwein said.
Ortwein said he has tried to serve Birdwell with a subpoena, but can't be sure she got it because he can't locate her.
District Attorney General Neil Pinkston raised no objection to the motion to move the trial date. Judge Barry Steelman said that, instead of setting a new date, he would set another hearing date in September in order to give Ortwein more time to track down Birdwell.
Carmody is one of three men charged in connection with LeCroy's slaying. Billy Bob Partin pleaded guilty to second-degree murder in the case in July 2014. Ronald Lee Pittman faces charges of facilitation of first-degree murder in the case.
Prosecutors say all three men arrived at the home LeCroy shared with Tucker King to rob them of drugs and money, but Carmody shot LeCroy when he fought back.
If convicted, Carmody could face life in prison.
Contact staff writer Claire Wiseman at cwise man@timesfreepress.com or 423-757-6347. Follow her on Twitter @claire lwiseman.