Pastor Jim Irwin appeared in Marshall Superior Court I before Robert Bowen Wednesday morning with his Elkhart attorney David Francisco on their motion to dismiss the prostitution related charges.
Irwin, former head of Care and Share of Marshall County was arrested in August on three counts of promoting prostitution, one count of attempted promoting prostitution, two counts of dealing in a controlled substance and a single count of dealing in a substance represented to be a controlled substance.
Francisco argued in court that Irwin was not promoting prostitution, but may have been receiving personal sexual gratification in exchange for assistance. He also questioned the questioned the character’s of the three witnesses saying, they have lengthy criminal histories that also include warrants in this county and this court.
Francisco also noted the prosecutor’s use of the media to solicit more information from the public on this case…..indicating they didn’t have enough for the charges.
Marshall County Chief Deputy Prosecuting Attorney Tami Napier argued that the motion to dismiss asks Judge Bowen to make a decision without having all of the evidence.
The hearing was approximately 30 minutes and Judge Bowen took the information under advisement and will read and research the cases cited before he rules on the motion. He told the court his decision will come in a week to a week and a half.
The next court hearing is a status conference on December 21st.
Judge Bowen will reserve time in June or July for the jury trail but will move it earlier if time becomes available. He noted that the schedule is filling up fast for 2018 and although a decision has not been made by Irwin on a jury trial, he will get time on the docket just in case.
