BELLEVILLE, Ill. - An Illinois judge has dismissed a case against an Indiana man accused of beating a baby to death more than 40 years ago.
The Belleville News-Democrat reports that St. Clair County Circuit Judge Bob Haida on Wednesday dismissed the case against Gary Warwick of Portage, Ind. The judge found the passage of time prejudiced Warwick's defense.
Warwick's attorney, James Gomric, said they are "very pleased" with the ruling. State's Attorney Brendan Kelly said his office is considering an appeal.
The murder charge was related to the 1972 death of 1-year-old Joseph Henry Abernathy III. Authorities allege Warwick was dating the child's mother but wasn't the child's father.
Warwick was charged in 1973 in the baby's death, but the case was dismissed without explanation. New charges were brought in September.
Pedestrian fatally struck by sheriff's vehicle
A pedestrian was fatally struck by a Marion County Sheriff's Department vehicle on the city's south side Thursday evening.
Witness: Teen's plane didn't show distress
A man who saw a plane flown by an Indiana teen who was killed during an around-the-world flight attempt says the aircraft was flying low but…
Elderly woman shot on city's north side
Police were investigating after an elderly woman was shot on the city’s north side Thursday afternoon.
Man accused of using phone to snap bathroom pics
A man was arrested Monday on a charge of voyeurism for allegedly using his cellphone to take pictures of a woman in a bathroom stall.
Police search for driver in fatal hit-and-run
Police were searching for a hit-and-run suspect after a teen died from the injuries he suffered in a crash Tuesday morning.
T'storms and tropical feel for weekend
Severe storms possible over the weekend