Jason Davidson will go on trial in Kosciusko Circuit Court as planned in spite of a defense motion to delay the trial until a later date.
Davidson, 33, of Leesburg, is charged with murder in the May 2 shooting death of Samuel J. Creekmore, 30, of Warsaw. The five-day trial is set to begin April 7. Defense attorney Michael Miner's request to continue the matter was filed in December and Judge Rex Reed issued his ruling last week - the trial date will not be delayed.
Miner also indicated in December that an insanity defense will be used during the trial. Reed signed an order last week appointing Larry D. Wooley, Psy.D., of Columbia City, and Kulwinder Singh, M.D., of Warsaw, to examine Davidson and to testify at trial.
Davidson previously underwent a medical examination at Alegent Health-Bergan Mercy Medical Center in Omaha, Neb., at the request of his attorney.
John Whiteleather and Matthew Rentschler of the Whitley County Prosecutor's Office were appointed special prosecutors in this case.
Creekmore was shot to death May 2 in his Melody Acres home. An autopsy revealed Creekmore suffered five gunshot wounds: three to the head and two to the mid-section of the torso.
Davidson was arrested and charged with Creekmore's murder shortly after the shooting occurred. He also faces a firearms enhancement charge.
Creekmore was the current husband of Davidson's ex-wife. Davidson and Alicia Davidson-Creekmore were divorced since November 2000. She and Creekmore were reportedly married for about 1-1/2 years when the shooting occurred.
Davidson kept in contact with his ex-wife and the two maintained a friendship because of their two children, according to police and court documents.
If convicted of the murder charge, Davidson could be sentenced to 45 to 65 years in prison. The firearms enhancement charge would add five years to the range.
Police said Davidson was talking to his former wife on the telephone the night of the alleged murder. According to the probable cause affidavit for the case, Davidson-Creekmore said Davidson told her to "hang on for a second." She then heard a door open, gunshots and Creekmore screaming.
Davidson-Creekmore and Christina Barden, who also lived in the house, ran downstairs, where they reportedly saw Davidson holding a gun. Davidson then reportedly fled the home while Barden called 911.
At the time of his arrest, Davidson, accompanied by Miner, surrendered to police, and a .40-caliber semi-automatic pistol believed to be the murder weapon was turned over to police.
Davidson has been held without bond at the Kosciusko County Jail since his arrest.