Christian County Circuit Judge Andrew Self will soon consider whether to dismiss the murder case against Tavarius Mathews, the man charged with murder in the death of Jacorey Majors.
A motion to dismiss was filed by public defender Doug Moore, who represents Mathews, and his argument is that Mathews acted in self defense the night the fatal shooting occurred—it happened on November 10 in the area East First Street and North Virginia Street.
Commonwealth’s Attorney Maureen Leamy argued that an evidentiary hearing wouldn’t be necessary in this matter, that it would instead fall to the court—in this case Judge Self—to make a ruling on the motion to dismiss using the ‘evidence of record’. The problem, according to Moore, as that the record of evidence is fairly sparse at this time.
There was some back and forth as both sides discussed what evidence is currently in the record and what could possibly be added, with disagreements on a witness statement and if it identifies who shot first between Majors and Mathews.
Judge Self set a deadline for both sides to agree what should be in the evidence of record and get it filed for his consideration before he makes a ruling on the dismissal.
Mathews is charged with murder, two counts of first-degree wanton endangerment and possession of a handgun by a convicted felon. The wanton endangerment charge comes from a bullet striking the side of a business during the alleged gunfight.
