FAYETTEVILLE - A judge ruled that even though some witnesses are dead and some evidence missing he would not throw out a murder indictment that grew from events in 1999 after a man's burned remains were found outside of Oak Hill.
In 1999, tiny fragments of Jonathan W. Skaggs' body were found in fire pit near where Alfred Clinton Toney lived at the time. For the first few years after Skaggs' remains were found, investigators said they could not bring legal charges against anyone who might be responsible for Skaggs' death because they could not determine from the fragmented and burned remains how he died.
Fayette County Public Defenders argued they were hampered in defending Toney because so much time had passed, taking with it possible witnesses. With these hurdles, they asked a circuit judge to dismiss the murder indictment against Toney, citing several reasons including the Sixth Amendment right to a speedy trial and the Fifth Amendment to due process.
If the legal standard for dismissing the indictment was "benign neglect," Fayette County Circuit Judge John Hatcher wrote that he could agree with the defense request. But he wrote that the legal standard for dismissing an indictment demanded more.
Fayette County Prosecutor Larry Harrah wrote in his response to the defense that his ability to prosecute the case was prejudiced even more than the defense from time's passage.
Harrah also noted that the family of Jonathan Skaggs has suffered most of all because the case was "unresolved for so long and justice for Mr. Skaggs should not be discounted."
Harrah is the third person to serve as the county's prosecutor since the 1999 death. He wrote that he could not give a candid explanation as to why other prosecutors did not advance the case. But he wrote the delay was not "calculated to gain an advantage."
Harrah agreed in his response that when the case was in court March 14 that he called no witnesses in the pre-trial hearing.
Harrah also noted that from the time in 2004 when a deputy tried unsuccessfully to convince grand jurors to return an indictment until 2015 when the case was presented to the grand jury that produced the indictment "there is no indication of any new evidence discovered in the intervening period."
The judge also wrote that "the investigation could have been completed more expeditiously and better."
Both the defense and the judge wrote of the lack of effort prosecutors have put forth in the case. When he issued his order, Hatcher wrote "the court is compelled to find that the entire investigation into the disappearance and alleged murder of Skaggs lacked the attribute of thoroughness."
The prosecution admits they had no new evidence to share with the defense even though they sought the indictment 16 years after the death.
The Skaggs case was compounded after Skaggs' uncle was charged with murdering another person. Two men came to the home of Skaggs' father, Gary Skaggs, clearly upsetting him. Skaggs' uncle, the late Charles G. Keenan, was accused of shooting at the two as they fled on a four-wheeler. Mark Lafferty, who was on the back of the four-wheeler, died of a gunshot wound.
Toney maintains his innocence, and he remains in jail.
No date has been set for trial.