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LISBON -- Columbiana County Common Pleas Court Judge Megan Bickerton denied a motion to dismiss filed by James Argentine's attorney over alleged speedy trial issues, setting June 13 as the trial date in the shooting case.
She also continued his bond at $300,000 cash or surety.
Argentine, 49, Farr Street, Rogers, has remained in custody since February when he was charged with felonious assault, a second-degree felony, for allegedly shooting and seriously injuring Peter Feist of East Palestine on Feb. 11 in Rogers. His case was bound over for consideration by the county grand jury in February, but an indictment wasn't issued until recently.
He pleaded not guilty to the charge during arraignment last week.
An affidavit filed in county Municipal Court said an argument took place between Argentine and the victim as Argentine was driving alongside him near the intersection of Farr Street and Church Street and then allegedly shot him, causing serious physical harm that required surgery.
In the motion to dismiss, defense attorney Eugene O'Byrne of Canton claimed the indictment wasn't timely filed and that the state failed to meet the necessary requirements to allow for a speedy trial, which is the defendant's right under the state and federal constitutions.
County Assistant Prosecutor Alec Beech said the case must not be dismissed, citing a recently passed amendment by the state legislature in the speedy trial rules that provides a 14-day window from the filing of a motion to dismiss when the state can set a trial date in cases where there may be a try-by time issue.
According to discussion during the motions hearing Tuesday, the 90-day try-by time since Argentine's arrest fell sometime in the middle of May, before the indictment was issued.
In reading the statute, Bickerton said it was her feeling that the 14 days begins from the filing of the motion to dismiss, agreeing with Beech's argument that the 14 days begins after the motion is filed and served on the state.
As for the bond, O'Byrne said his client was hard-working and had been residing in Rogers for some time. Beech, though, pointed out the seriousness of the offense in this case for keeping the bond amount the same.
If the court was inclined to reduce the bond, he asked that electronically-monitored house arrest be required, along with no contact with the victim, no possession of firearms and no use of alcohol or drugs.
The judge ruled the bond would remain the same and could be re-evaluated on the trial date.