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A trial date was set Thursday in Kosciusko Superior Court 3 for a Silver Lake man accused of driving while intoxicated causing death and leaving the scene of a fatal accident.
Paul R. Finnegan, 20, of 3259 Wilson Ave., appeared before Judge Joe Sutton for his initial hearing - a time usually reserved for explaining the charges against a defendant and the possible penalties if convicted. Instead, Finnegan was appointed a public defender and given less than two months to prepare for trial.
Finnegan reportedly was the driver in a May 18 traffic accident in which Andrew J. Cook, 19, of West CR 900S, Claypool, was killed. Finnegan allegedly left the scene of the 12:30 a.m. accident on Wildwood Trail, west of Nina Lane, at Goose Lake. When he was brought to a local hospital by a friend several hours later, Finnegan reportedly had a blood-alcohol level of .10 percent.
Because of the speedy trial rule which ensures that a defendant be brought to justice within one year of his arrest, Kosciusko County Deputy Prosecutor Antony Garza asked that the matter be set for trial prior to May 18.
Sutton set the case to go before a jury beginning at 8 a.m. May 12. He told Finnegan to expect the trial to last three to four days. A witness and exhibit list in the case is due by April 28.
Finnegan told the court that he is unemployed and has no assets from which to hire an attorney. Mark Caruso of Warsaw was appointed by Sutton to represent Finnegan in this case.
Although Finnegan was arrested, booked into the Kosciusko County Jail and posted a $5,000 bond for his release shortly after the accident occurred, official charges were not filed against him until March 19. The case was pending review of a special prosecutor who never took action on it. Kosciusko County Prosecutor Steven Hearn said last week that he wasn't aware the case hadn't already been concluded prior to his taking office Jan. 1.
Both of the offenses filed against Finnegan are Class C felonies. Each is punishable by up to eight years in prison and a fine up to $10,000. Also, his license can be suspended for up to five years.
