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MISCONDUCT CASE: Man enters alibi defense

February 15, 2013

COLUMBIA CITY — A South Whitley man accused of sexual misconduct with a minor has entered an alibi defense.

Timothy J. Swihart, 19, is accused of having sex on two occasions with a 14-year-old girl. His attorney, Jeff Arnold, entered an alibi defense for Swihart in Whitley County Circuit Court Monday.

A continuance was also granted, with pre-trial proceedings set to resume March 11.

Swihart was accused of having sex with the alleged victim Oct. 31 and Nov. 22.

His alibi defense stated that on Oct. 31, he went trick-or-treating with family members and then returned home for the remainder of the evening.

It also said that he remained at home for the night on Nov. 22.

According to case reports, the alleged victim told a school counselor she and Swihart met twice in the parking lot of Oak Grove Church, where they had sex in a car.

She reported the incident to a school counselor because she feared she may be pregnant. She said she allegedly met Swihart on Facebook.

For a more in-depth look at this story, see the Feb. 15 issue of The Post and Mail. Don't have a subscription? Call (260) 244-5153 or subscribe to our e-edition. For breaking news, sports updates and additional coverage, bookmark the homepage and find us on facebook.

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