Kenneth K. Wallace made an appearance in the Starke Circuit Court Tuesday morning. Wallace’s attorney told Judge Kim Hall that he was interested in obtaining field notes from officers on duty that had responded to the incident. In addition, he requested several other forms of information that he says he was not provided with as part of the discovery process.
Chief Deputy Prosecutor Mary Ryan says that she did not see the outline of the defense’s requests. The majority of the discovery items that were requested will be provided by the end of the week.
Attorney David Matsey also filed a motion to dismiss the case, which the state opposed. Matsey says that the case “sat in limbo” for a period of time while a special prosecutor was found for the case, and he says that based on all the information in the case, it is obvious that a crime was not committed. The motion was denied.
In August, Wallace and Ryan Taylor reportedly went to Monterey. Taylor allegedly drove his mother’s vehicle to the Gurley residence, lit a flare and threw it in the vehicle and it started on fire. When officers searched Wallace’s vehicle they reportedly found a pack of three flares with one missing. The missing flare was found in the burned vehicle. Taylor and Wallace were both arrested and taken to the Starke County Jail on a charge of Arson and they have plead not guilty to that charge.
