Changes in Attorneys on Both Sides Coming in Mesnard Case

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Published on March 25 2013 2:56 pm
Last Updated on July 14 2013 4:07 pm
Written by Greg Sapp

There are plans for a new defense counsel and a new prosecutor in the case of local resident Byron Mesnard.

The 20-year-old Mesnard recently pleaded guilty to a count of aggravated discharge of a firearm in a September 30, 2012 incident.  A bullet fired by Mesnard struck and wounded 23-year-old Shane Gephart.

During a hearing Monday morning, it was announced that Mesnard's attorney Scott Ealy will take over as Chief Assistant State's Attorney next Monday, April 1.  Due to the change, Mesnard will need a different defense attorney.  The change will also mean the need for a new prosecutor since Ealy will be working in the State's Attorney's office.  State's Attorney Bryan Kibler said David Rands of the State's Attorney's Appellate Prosecutor Service has agreed to take over prosecution of the case.

Mesnard's case will be back in court this Thursday at 9am on a motion to reduce the amount of bail, which would leave Mesnard better able to hire private counsel.  Judge James Eder said the hearing would also be the time to consider Ealy's motion to withdraw as Mesnard's attorney.

The case will next be in court on April 10 at 10:30am when Rands is to make his first appearance as prosecutor and when Mesnard's new counsel could be introduced.  That could also be the date when a sentencing hearing is scheduled.  Mesnard could receive a prison term, but he's also eligible for probation.