The case of a man charged with involuntary manslaughter and confinement will be reviewed next month after a defense attorney filed a motion to dismiss the charges in Elkhart County Circuit Court Thursday.

Manuel Arredondo, 32, was charged with the offenses after a grand jury probe 15 months ago in connection with the stabbing death of David G. Garcia at an apartment in Waterford Mills April 2, 2005.

Arredondo’s sister, Milagro, entered a guilty plea in June to involuntary manslaughter and admitted she stabbed Garcia, a former boyfriend.

Defense attorney Thomas Leatherman asked Judge Terry Shewmaker to dismiss the charges against Manuel based on comments made in the sentencing hearing of Milagro by Chief Deputy Prosecuting Attorney Vicki Becker.

In her comments in the sentencing hearing, Becker said that Manuel came to the victim’s defense. And the family that was present at the apartment attempted to delay Garcia in order for police to arrive and arrest him.

“It is the defendant’s position that the use of conflicting factual theories against different defendants violates the due process clause of the 14th Amendment,” Leatherman said in his filing Thursday.

He suggested the prosecutor seemed to say that Manuel “thought he had to keep David Garcia there and that the state did not fault him for that.”

Because of that, the charge of criminal confinement should be dismissed, the lawyer said.

Judge Shewmaker set a hearing for Dec. 28 for Leatherman’s motion. He also set the case for trial Sept. 10. Arrendondo is free after posting bond.

In other action in Circuit Court, Heriberto Andrade, 28, Elkhart, appeared for an initial hearing on three counts of dealing in cocaine. Two counts are Class A felonies and the third is a Class B felony. The charges differ because of the weight of the drug that is alleged to be involved.

Andrade said he plans to hire an attorney and he was given a one-week deadline to do so. Bond was confirmed at $100,000 and he requested the bond be reduced.

Christopher Robertson, 19, Elkhart, appeared for an initial hearing on a charge of theft. The case will be combined with another case in circuit court. That case has an Aug. 27 trial date.

Ricky Johnson, 22, Elkhart, appeared and entered a guilty plea to conspiracy to commit the delivery of methamphetamine, a Class B felony. He admitted to the crime on Oct. 13, 2005. The plea agreement he offered sets a prison sentence of six years. Sentencing is set on Dec. 21.

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