(Mt. Vernon, IL) — A state appellate court has ruled that a 65-year-old Indiana man will have to stand trial for the beating death of a one-year-old boy 43-years ago in St. Clair County. This comes even though a trial judge had dismissed the case. Gary Warwick had argued that the deaths of important witnesses and the lack of court and medical records made it impossible for him to get a fair trial, but the appeals court disagreed. Warwick is accused of beating young Joseph Abernathy the Third in 1973, though charges were dropped 18-months later. Warwick was indicted again in 2014 and charges again were dismissed, prompting prosecutors to appeal.
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David Stewart/jab IL) IN)
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