A defense motion filed to dismiss an attempted murder charge was dismissed Tuesday.
Dakota Kimbler, 17, was charged as an adult with attempted murder from an incident that occurred in December.
Kimbler allegedly snuck in the back of a South Whitley man’s car after he escaped from Pierceton Woods’ juvenile corrections facility.
When Johnny Couch, former Whitley County Sheriff’s reserve deputy, was on his way home from his third-shift job in Pierceton, Kimbler waited until they got to Larwill before allegedly shooting Couch in the chest.
Kimbler was in Whitley County Circuit Court Tuesday for pre-trial motions. His attorney, Brad Voelz, filed a motion to completely drop the attempted murder charge against Kimbler.
“There is no evidence we have received that shows Dakota Kimbler, at the time of the shooting, was attempting to kill,” Voelz said. “Charging the child with attempted murder automatically places him in adult court and he has no recourse to challenge it.”
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