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Published: October 22, 2009
SEBRING - The attorney for accused murderer Donald Alfonso Henry informed Judge Peter Estrada Wednesday that the defense needed to file one more motion before the case was ready for the next step.
"Upon a ruling on that, we are ready for trial," said attorney David Carmichael.
Carmichael said the motion would center on state standards regarding self-defense.
Estrada mentioned the state's retreat statute, a law that says people don't have to retreat before responding to an attack and can stand his or her ground and use deadly force if they feel they are in danger of death or serious injury.
Henry, 38, is accused of fatally shooting 31-year-old Hugh Andrew Marks in January 2008. The Sebring victim's body was found near the intersection of Garrett Road and Alabama Road in the Lacey Hills subdivision near Avon Park.
The defendant's girlfriend, Vackara Darnell Massaline, 33, was also charged as an accessory after the fact on a charge of first-degree murder. She allegedly helped Henry flee the area after Marks was shot.
Henry's next court appearance is Nov. 25 at 1:15 p.m. Massaline is set for a pretrial conference on Nov. 18 at 8:30 a.m.
Short waives speedy trial
The mother of 22-month-old Kaedyn Short, who died because of injuries she allegedly suffered at the hands of former Avon Park police officer James Parker, waived her right to a speedy trial for child neglect.
Jennifer Sue Short, 28, is charged with felony counts of failure to report child abuse and neglect of a child causing great bodily harm. The defendant also waived her right to appear at Wednesday's pretrial conference.
Attorney Linda Rodriguez-Torrent said she had filed a motion to compel in reference to 34 items involved with the case before requesting a continuance.
Short is next due in court on Dec. 8 at 8:30 a.m.
Kaedyn Short died May 27 at a hospice home where she was being cared for in her final days. She had been on life support at a St. Petersburg hospital for some time after being hospitalized for multiple bruises and an apparent skull fracture she suffered March 29.
Jennifer Short, Parker's former live-in girlfriend, was at work at the time of the incident and Parker was watching the child, according to the Highlands County Sheriff's Office.
Parker, who is charged with first-degree murder and aggravated child abuse, is set for Dec. 10 status conference.
Highlands Today reporter Brad Dickerson can be reached at 863-386-5838 or bdickerson@highlandstoday.com
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