Patrick Carmody, 45, is led Monday, Oct. 7, 2013, in Hamilton County Criminal Court Judge Barry Steelman's courtroom for a hearing to request a separate trial from codefendant Billy Bob Partin, 40, (not pictured) for charges of first-degree murder and especially aggravated robbery in the 2010 slaying of Chance LeCroy. Judge Steelman denied Carmody's request.It's been four years since Chance LeCroy was found murdered in his bedroom in Hixson, and the trial of one of his accused killers is still being delayed. Now a judge says the case will be pushed to the end of October.
The news, which the victim's family heard Tuesday for the first time, devastated LeCroy's father, who said he is tired of waiting for justice.
"This is the third time it's been postponed," LeCroy said angrily, standing inside the Hamilton County Courts Building on Tuesday.
"It just seems to me that they care more about the criminals than they do about the victims," said Terri Grizzard, Chance LeCroy's aunt, standing nearby.
Patrick Carmody, 46, who prosecutors say was one of two men who shot 21-year-old LeCroy during a robbery, was supposed to stand trial Tuesday for charges of felony murder and especially aggravated robbery. But Judge Barry Steelman granted a continuance earlier this month, nudging it forward again.
Another suspect, Billy Bob Partin, 42, accepted a plea deal in June on a charge of second-degree murder and will serve 20 years in prison without the chance of parole.
A third man, Ronald Lee Pittman, 45, testified in 2012 that he held a gun to LeCroy's roommate's head, while Carmody and Pittman each shot LeCroy one time. Pittman, who is charged with facilitation of felony murder and facilitation of especially aggravated robbery, remains on house arrest and will be a key witness for the prosecution at Carmody's trial .
By the time LeCroy's family arrived at court the decision to delay the trial had already been made. At the same time, Steelman denied a request by Carmody's attorney, John Allen Brooks, to disqualify or recuse himself as trial judge.
"I really didn't think there was a basis for sustaining that motion," Steelman said.
In a 2012 bond reduction hearing, Brooks says Steelman made prejudicial comments about Pittman, indicating bias. According to a court filing, Steelman asked Pittman in open court why he, with his "stellar history," was spending time "with people like that, with this kind of history."
The filing also refers to a 2013 hearing when Steelman denied a defense request, an action Brooks said reflects an assumption of guilt. Brooks said Steelman also read a statement from the family that he shouldn't have, prejudicing the judge against Carmody.
Steelman said he wouldn't recuse himself, but said an appellate court could choose to remove him from the trial. If an appellate court doesn't return a decision by Oct. 21, he'll leave it up to prosecutors, he said. Judge Rebecca Stern has agreed to try the case on the same date, if necessary.
Steelman told Carmody and his attorney to continue to prepare for an Oct. 21 trial date.
But LeCroy's family was doubtful.
"It's just coming back, coming back," Grizzard said.
Contact staff writer Claire Wiseman at cwiseman@timesfreepress.com or 423-757-6347.