A woman accused of murdering her elderly husband in Kingston last year will not have a trial date set until at least this summer after a judge granted continuance of her case in Bartow Superior Court on Tuesday morning.
“In Mrs. McCoy’s case, we have an immunity motion that will be forthcoming,” said LeAnna Wade, the public defender representing 59-year-old defendant Kim Lori McCoy. “Judge Suzanne Smith has granted a court order extending the time of filing to make motions.”
In the August 2018 term, a Bartow Superior Court grand jury indicted McCoy on six charges — including felony murder, voluntary manslaughter, aggravated assault and three counts of possession of a firearm during the commission of a felony — after she allegedly shot and killed her 83-year-old husband James Robert McCoy at their residence at 53 Norton Road on Feb. 21, 2018.
McCoy was arrested that same day. She has remained in pre-trial custody at the Bartow County Sheriff’s Office detention center ever since, with bond set at $1 million.
Cherokee Judicial Circuit Assistant District Attorney Suzanne Brookshire told Georgia Superior Court Senior Judge Larry Salmon that prosecutors had no problems with the decision to delay McCoy’s trial date.
“The State has no objections,” she said. “We have recently served supplemental discovery … we have contacted the family so they are aware of what’s going on.”
The continuance order pushes McCoy’s trial date from March to June. A calendar call is scheduled in a few weeks to determine the exact week McCoy’s case will be tried in court this summer.
In the interim, Wade said she is in the process of lining up several additional motions for upcoming court hearings.
“We are going to be calling an expert witness to testify, so that is something that we are going to be scheduling soon,” she said.