Dallas County man waives preliminary hearing in Cassidy Rainwater murder case
Nearly a year after his arrest, one of the Dallas County men accused of kidnapping and killing 33-year-old Cassidy Rainwater waived his preliminary hearing and his case is moving to circuit court where a trial date will eventually be set.
James Phelps, 59, after months of continuances, waived his preliminary Thursday morning and was arraigned on one count of first-degree murder, first-degree kidnapping and abandonment of a corpse. He pleaded not guilty to all charges and his attorney, Thomas Jacquinot, renewed an objection to the abandonment of a corpse charge.
"It violates his Fifth Amendment right against self-incrimination," Jacquinot said. "It essentially requires him to report himself."
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Phelps' case now moves to circuit court where it will be scheduled for a trial. He is not set to return to court until January.
Phelps' co-defendant, Timothy Norton, 57, waived his preliminary hearing back in February and is set to appear in court again later this month to set the date of his trial. Norton is also charged with one count of first-degree murder, first-degree kidnapping and abandonment of a corpse.
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Phelps and Norton were arrested back in September of 2021 after authorities say they obtained photos of Rainwater in a cage on Phelps’ property. Those photos as well as photos of Rainwater strung up on a gantry crane being dismembered and eviscerated, were sent in an anonymous tip to the FBI, according to court documents.
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When investigators searched Phelps’ property, court documents say they found Rainwater’s remains in a deep freezer in packages labeled 7-24, the last day Rainwater is believed to be alive. Phelps’ home was later burned to the ground after his arrest. Investigators determined it to be arson.
Jordan Meier covers public safety for the Springfield News-Leader. Contact her at jmeier@news-leader.com, or on Twitter @Jordan_Meier644.
This article originally appeared on Springfield News-Leader: Case moves forward for James Phelps in Cassidy Rainwater death
