Trial Cancelled After State Not Ready To ProceedThe four-day jury trial expected to begin Tuesday in Kosciusko Circuit Court was cancelled after prosecutors asked for a continuance and were denied.
Circuit Court Judge Mike Reed was set to preside over the trial of Christopher Aaron Susaraba, a 30-year-old Mishawaka man accused of dealing drugs in the Kosciusko County Jail that resulted in an inmate’s overdose death.
Susaraba was charged with Level 1 felony dealing in a controlled substance resulting in death and Level 5 felony trafficking with an inmate.
On March 9, 2019, jail officers found Dennis McCrory unresponsive in the K block at the jail, and McCrory was pronounced dead due to acute mixed drug intoxication. Toxicology results showed McCrory had methamphetamine and narcotic drugs in his system, according to court papers.
Several witnesses are alleged to have told police that Susaraba was dealing meth and heroin to inmates in exchange for money, and there was even some discussion that the amount of drugs given to McCrory were too large and dangerous.
On Tuesday, Kosciusko County Deputy Prosecuting Attorney Matt Buehler asked Reed for a continuance, citing the state’s lack of preparation and subpoenaing witnesses to testify.
Susaraba’s attorneys, J. Everett Newman and Helen Newman, argued just because the state was unprepared and it will be damaging to their case, it doesn’t qualify as a statutory reason to continue the trial.
Reed agreed and denied the continuance request.
Buehler then asked for the case to be dismissed, to which Reed did without prejudice.
After the short court hearing, Buehler said he will refile charges, essentially making the clock start over that can give prosecutors more time.
