Trial set in teen’s death
YOUNGSTOWN – A new trial date has been set in the case of a Struthers teen who police say was killed by his mother’s boyfriend.
At a pretrial Tuesday, Mahoning County Common Pleas Court Judge R. Scott Krichbaum set a June 24 trial date for Zaryl Bush, 43, and Shain Widdersheim, 32, both of Creed Street in Struthers.
Krichbaum also gave prosecutors until Friday to respond to motions filed by Widdersheim’s attorney to separate the cases and to dismiss some of the counts from her indictment.
Bush, who prosecutors say is Widdersheim’s boyfriend, faces counts of murder, child endangering and other counts for the death of 14-year-old Teddy Foltz in January.
Foltz died of a head injury after he was taken first to Akron Children’s Hospital Boardman Campus and then St. Elizabeth Health Center. Hospital staff said his injuries were too severe to be caused by an accident.
Widdersheim is accused of allowing the abuse to happen and hindering the investigation by Struthers detectives. They are both in the Mahoning County Jail.
Widdersheim’s twin 10-year-old sons are in the custody of the Mahoning County Children Services Board.
The trial had been set for May but was moved because of attorney scheduling conflicts.
In his motion to separate the trials, Doug King, Widdersheim’s lawyer, said his client faces several different counts than Bush and if Bush takes the stand in his own defense he may incriminate her. Additionally, the nature of the charges are so ”heinous” that they may prejudice the jury against his client, King wrote.
King wants four counts against his client dismissed, claiming there were several errors, including sections of the Ohio Revised Code he states do not exist and that Foltz is not named in two of the counts.
Krichbaum said he will most likely rule on the motions without an oral argument unless prosecutors wish to have one.