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Thomas W. Gorski and Rachel McCue, Columbus residents both accused of child neglect leading to a 19-month-old boy’s death last fall, won’t go on trial until January.
The delays were ordered this week by Bartholomew Circuit Judge Stephen Heimann.
Gorski, 31, testified Wednesday that he didn’t think a new public defender appointed by Heimann only eight days earlier could be ready for the original Oct. 22 trial date.
The trial was rescheduled for Jan. 7 and could last three weeks, court officials said.
Gorski also said he had rejected a recent plea-bargain offer from Bartholomew County Prosecutor Bill Nash, details of which were not revealed in open court. Nash declined to discuss the matter, citing court rules that require him to keep such offers private.
Gorski faces a Class A felony charge of neglect of a dependent resulting in death and one Class C felony neglect of a dependent count in connection with the death of 19-month-old Evan Jack McCue on Nov. 25, 2012. The Class A felony carries a sentence of 20 to 50 years in jail; and a Class C felony adds two to eight years.
McCue, Gorski’s 22-year-old girlfriend and the mother of Evan McCue, faces the same charges.
An initial autopsy performed on Evan Jack McCue last fall said a head injury contributed to the boy’s death, and prosecutors now allege the Gorski-McCue home was the site of frequent drug use and drug deals that put the child at risk.
McCue’s trial also has been delayed until 8:30 a.m. Jan. 21. Her attorney, Christopher Clerc, had said he needed more time to prepare a defense in what could be a complex trial. The delay was granted by Heimann. McCue had been scheduled to go on trial Oct. 22.
Meanwhile, Gorski also faces two drug charges linked to the sale of hydrocodone painkiller pills to a customer in
November 2012 and an attempt to swap a pain-killing Fentanyl patch for marijuana later that month.
The prosecution has said it intends to show how the presence of drugs in the Gorski-McCue home put the
19-month-old’s life at risk.
Additionally, Gorski faces two other child neglect charges involving his 3-year-old son and 1-year-old daughter from his marriage to Laura Geilker Gorski of Columbus. She is in the process of getting a divorce from Gorski, Bartholomew County court records show.
Gorski lived with McCue in a mobile home in Candlelight Village at the time of Evan McCue’s death, but his two other children also stayed there on occasion, the prosecutor has said.
Gorski’s new public defender, attorney Don Edwards of Columbus, argued in court on Wednesday that the child neglect charges involving the other children and the drug charges should all be severed from the Evan Jack McCue case and go to trial separately.
Heimann didn’t issue an immediate ruling, saying he needed time to review the matter and study applicable state laws.
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