The Transylvania Times -

By Kevin Fuller
Staff Writer 

O'Shields' Trial Gets Delayed To Tuesday – Brevard NC

 

Charles O'Shields

The trial of the Transylvania County man accused of killing 27-year-old Toby Mathis in the Rosman Dollar General store in 2010 has been pushed back to Tuesday morning.

According to District Attorney Greg Newman, who is the chief prosecutor for Transylvania, Henderson and Polk counties, the judge assigned to the Charles O'Shields murder case pushed the trial, which was scheduled to start this morning, to Tuesday because of winter weather that was scheduled to hit Western North Carolina.

O'Shields, 49, has been charged with first-degree murder and remains in the Transylvania County Detention Center on no bail.

Newman said Transylvania County Superior Court Judge Eric Levinson, who is traveling from out of the county, moved the trial back because a mixture of snow and freezing rain was slated to hit Transylvania and surrounding counties early Monday morning.

Levinson replaces the originally scheduled trial judge, Bradley Letts, in an administrative move.

Newman said pre-trial motions will be heard first thing Tuesday morning and then the trial will move forward.

"As soon as that's out of the way, we will start selecting the jury," Newman said, who expects jury selection to last about a day.

According to investigators, the then 45-year-old O'Shields followed Mathis into the store and murdered him by shooting him five times with a revolver to avenge his own son's death, which Mathis was facing felony charges in connection to the death.

Transylvania County Sheriff's investigators said Mathis was the driver of a pickup truck in which Joey O'Shields was thrown from and killed on Dec. 17, 2010. Mathis was later charged with felony involuntary manslaughter for his connection in the death.

The trial comes nearly five years after Mathis' death and has been delayed mainly because of O'Shields' health issues.

This past November, a judge ruled O'Shields competent to stand trial on the murder charge.

Transylvania County Superior Court Judge F. Donald Bridges said at the time that O'Shields was competent despite his defense team arguing he had suffered severe health issues since the incident, causing him to be mentally and physically incapable of standing trial.

 
 

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