Suspect charged with murder requests transfer from Wayne County's jail

Mike Emery, Richmond Palladium-Item
·2 min read
Austin N. Neathery
Austin N. Neathery

RICHMOND, Ind. — A 22-year-old charged with murder has requested transfer from Wayne County's jail.

Austin Noah Neathery through his attorney, Andrew Maternowski, filed a motion seeking transfer for safe-keeping. Judge Gregory Horn set a 3:45 p.m. Nov. 30 videoconference hearing on the motion.

In the motion, Neathery indicates a transfer would be in the best interests of all involved because of another case filed this month against Neathery. That case charges him with two counts of Level 6 felony battery against a public safety official.

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The motion indicates the alleged victims of those charges are the jail commander and assistant commander, which would be Capt. Andy Abney-Brotz and Lt. Kevin Hay. Charging documents for that case, however, remain sealed from public view.

Neathery believes he is in danger of injury or death or represents a threat to the safety of others if he remains in the local jail, according to the motion. It also points out that Neathery was initially housed in Howard County's jail after his June 13, 2018, arrest by U.S. Marshals near a Speedway, Indiana, apartment complex.

An arrest warrant had been issued for Neathery in the May 29, 2018, shooting death of Tremell Carpenter, who died at Miami Valley Hospital in Dayton, Ohio. Neathery and Carpenter were part of two groups that fought outside Norwood Apartments in the 800 block of North 15th Street, according to an affidavit of probable cause.

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Neathery's trial is scheduled to begin March 14, nearly four years after the shooting occurred.

Two attorneys have withdrawn from Neathery's case citing conflicts of interest by representing other clients who might be witnesses during Neathery's trial. Another withdrew because his relationship with Neathery had deteriorated.

Maternowski was appointed Jan. 27 as Neathery's pauper counsel. In August, Neathery withdrew a request to replace Maternowski as his defense attorney.

This article originally appeared on Richmond Palladium-Item: Suspect charged with murder requests transfer from Wayne County's jail