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McElroy trial moved back

Date will be determined next week

September 24, 2012
By PETER KASPARI ( , Messenger News

The trial date for a man charged in the first-degree murder death of a Fort Dodge teenager will be moved back after the defendant waived his right to a speedy trial.

Derrick J. McElroy, 26, of Fort Dodge, is accused of shooting Brandyn Preston, 19, in May 2011; the crime allegedly led to Preston's death earlier this year.

Webster County Attorney Ricki Osborn said Monday that McElroy's trial date has been moved because he waived his right to a speedy trial. Osborn said a trial-setting conference will be held on Oct. 2 to determine when it will be rescheduled.

He was originally scheduled to go on trial starting today.

McElroy, who is being held in jail on $1 million cash bond, was arrested and charged with first-degree murder in July after more than a yearlong investigation into Preston's shooting.

On May 8, 2011, Mother's Day, Preston was shot in the neck while attending a bonfire party at 1101 10th Ave. S.W.

Preston was taken to Trinity Regional Medical Center, then transferred to Iowa Methodist Medical Center in Des Moines before his release in June 2011.

As a result of the shooting, Preston was paralyzed from the shoulders down.

Preston moved in with his mother, Kimberly Susan Wood, in Tampa, Fla., where he lived until his death on Jan. 22 of this year. He was 20 years old.

After his death, which Fort Dodge police said was the result of the shooting, the case was reclassified as a murder.

McElroy pleaded not guilty to first-degree murder in early August.



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