LIMA — A jury trial that was scheduled to begin next week in Allen County Common Pleas Court has been postponed at the request of prosecutors.
Cody Sutherly, 27, of Lima, is charged with attempted rape, a first-degree felony, and gross sexual imposition, a felony of the third degree, for an alleged sexual encounter with an underage person. The indictment against Sutherly returned in July by an Allen County grand jury alleges that on or about March 1, 2016, through March 1 of this year Sutherly did attempt to engage in sexual conduct with another whose age at the time was less than 13.
A Sept. 24 jury trial was previously vacated at the request of Sutherly’s attorney, Jerry Doute, who previously had suggested that a motion to employ an expert witness with professional experience with the topic of sleepwalking would be filed in the case.
But on Thursday morning it was Assistant Allen County Prosecutor Tony Miller who asked that next week’s trial be postponed. He said additional information has been brought forward which he said has the “potential for substantial further charges” to be filed against Sutherly.
Miller said one reason for his request to push back next week’s scheduled trial was the “young” age of the potential victims.