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Attorney files continuance motion for McElroy case

Trial scheduled to begin Jan. 28

December 31, 2013
By PETER KASPARI (pkaspari@messengernews.net) , Messenger News

A Fort Dodge man accused of shooting a teenager, which eventually led to his death, is seeking to have his trial date moved back after his attorney filed a motion for continuance.

Derrick J. McElroy, 27, of Fort Dodge, is facing one count of first-degree murder in connection with the death of Brandyn Preston, 20, of Fort Dodge.

On Monday, McElroy's attorney, Charles Kenville, filed a motion to continue the trial. McElroy had been scheduled to go on trial starting Jan. 28.

McElroy is alleged to have shot Preston in the neck on May 8, 2011, which was Mother's Day. Preston was attending a bonfire party at 1101 10th Ave. S.W.

Preston was initially taken to Trinity Regional Medical Center before being transferred to Iowa Methodist Medical Center in Des Moines. He was left paralyzed from the shoulders down as a result of the shooting.

He was released from the hospital in June 2011 and moved in with his mother, Kimberly Susan Wood, in Tampa, Fla. Preston lived in Tampa until his death on Jan. 22, 2012.

Fort Dodge police said Preston's death was the result of the shooting, and reclassified their investigation as a murder after his death.

Six months after Preston's death, the Fort Dodge Police Department announced McElroy had been arrested and charged with first-degree murder in the case.

He pleaded not guilty in August 2012.

McElroy is being held in the Webster County Jail on $1 million bond.

 
 

 

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