The fourth defendant in a Hardin case will appear in court Wednesday afternoon. Michael Boydston, 18, is facing two counts of forcible sodomy – deviate sexual intercourse by forcible compulsion.
Those charges stem from a series of incidents that occurred in the Hardin-Central locker room in fall of 2011. Three other suspects have been named, and gone through the court system. Randy Estenbaum, 18, and Jeffrey Ellis, 18, both pleaded guilty to the reduced charge of assault. The third suspect’s case was handled in juvenile court. Boydston is the last of the accused antagonists to go before a judge.
During the preliminary hearing in October, the burden of proof was on the prosecution, so the State was required to provide enough evidence to move the case forward. They called the victim to the stand to describe the alleged incidents.
The Defense argued this was not sufficient evidence to charge Boydston with the two felony counts he is currently facing. Donald Norris claims the victim’s testimony did not match up with the specifics of the statute.
The attorney argued the lesser charge of sexual conduct would be more appropriate. However, Judge James Carey Thompson found probable cause, and Boydston was bound over to circuit court to face the original felonies.
Boydston is scheduled for arraignment at 9 a.m. Online court records have removed the listed charges.