Defendants Devon Morris and Christopher Futtrell appeared in court last Wednesday afternoon with the attorneys for all five defendants on hand during the judge’s motion rule day.
Commonwealth’s Attorney G.L. Ovey asked 56th Circuit Court Judge C.A. “Woody” Woodall III for the continuance and then presented all five attorneys with a copy of a tape that is part of the evidence.
Woodall allowed the case to be continued again but said he also wants to resolve it, saying that it will be continued until the next motion rule day on May 12.
Woodall also said that if an agreement isn’t reached that he wants to set a trial date and wants for it to be resolved quickly.
Woodall told The Cadiz Record last week that the resolution to be reached by next month could involve a guilty plea, but added that he wasn’t sure.
According to court records, Marcus Mayes of 75 Cerulean Road, Nicholas King of 857 Hurricane Road, Chase Oakley of 3842 Rockcastle Road, Devon Morris of 1200 Julian Road and Christopher Futtrell of 2980 South Road are accused of the 2008 Memorial Day weekend rape of a then 16-year-old girl at a home and a business in Cadiz and Trigg County.
Futrell, King, Morris and Oakley are each charged with rape in first degree and sodomy in the first degree. Futrell, King, Morris and Oakley are accused in the indictments of having sexual intercourse and deviant sexual intercourse with a 16-year-old girl who was allegedly incapable of consent because she was physically helpless.
Mayes is charged with rape in first degree, and has been accused of having sexual intercourse with the girl. Charges against all five men are listed as class B felonies, court records indicated.
Two other men were initially chared in the case but have never been indicted by a grand jury. A juvenile was also charged in the case, but the proceedings have been closed to the public.