Breaking News Bar

Rushing trial anticipated in January

  • Timothy D. Rushing

    Timothy D. Rushing
    RCSO Photo

By Pete Spitler
updated: 11/10/2017 11:59 PM

Chester resident Timothy Rushing could go to trial early next year in his criminal sexual assault case.

Rushing, 41, appeared in Randolph County court on Monday for a case management hearing, during which Judge Richard A. Brown said he anticipates the trial to start the week of January 8.

"We certainly hope we can do that," said defense attorney James Kelley.

Kelley stated Randolph County State's Attorney Jeremy Walker had turned over a lot of discovery (evidence) to him on Nov. 1 and he needed time to review it. The parties agreed to return to court on December 4 at 10 a.m. for another status hearing.

Rushing waived his preliminary hearing in October and entered a plea of not guilty to the charge, which alleges he committed an act of sexual penetration "by the use of force or threat of force" and without the consent of the female victim within the city limits of Chester.

Rushing was previously sentenced to three years in prison in October 2013 after pleading guilty to aggravated unlawful restraint, a Class 3 felony.

A separate charge of aggravated domestic battery was dismissed by the State to facilitate the plea. In 2012, Rushing was sentenced to 12 months of court supervision and assessed a $238 fine for battery on a charge that was reduced from domestic battery.

Rushing also pleaded guilty to battery in 2007 and 2000. A separate battery charge was dismissed by the State in 2002.

He remains incarcerated at the Randolph County Jail on a $150,000 bail with 10 percent applied.