Zaryl Bush, 43, and his ex-girlfriend, Shain Widdersheim, 32, who are charged in the beating death of Teddy Foltz, 14, of Struthers, will be scheduled go on trial June 24, Judge R. Scott Krichbaum said during a Tuesday pretrial hearing.
The Mahoning County Common Pleas Court judge granted a motion by Bush’s lawyers to spend state funds to retain a forensic pathologist to aid in the defense of Bush, who is indigent and charged with murdering Foltz.
“This matter will turn on the injuries sustained by the alleged victim and a determination of how those injuries occurred, when they occurred and who could have caused said injuries,” wrote Attys. Ronald D. Yarwood and Edward A. Czopur in their motion.
The Mahoning County Coroner’s Office ruled Foltz’s death a homicide by blunt-force head injuries.
Police and prosecutors said Foltz was fatally beaten Jan. 21 and died Jan. 26.
Both defendants have pleaded innocent and remain jailed without bond.
Judge Krichbaum still must rule on motions by Widdersheim’s lawyer, Douglas A. King, to try her separately from Bush and to try her separately on each charge against her and to dismiss four child- endangering counts against her because of a purportedly defective indictment.
Any amendments to the indictment must be presented by the prosecution this week, Judge Krichbaum said. “I just want a level playing field for everybody. That’s what justice demands,” he added.
“If you do file a motion that would delay the start of this trial, I’m going to overrule it,” the judge said. “I just want everybody to be ready to go when it’s time to go” to trial, he added.
The next pretrial hearing in this case will be at 8:30 a.m. May 14.