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Jackson withdraws plea; case headed to Calloway County grand jury

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Posted: Wednesday, November 21, 2012 11:52 am | Updated: 12:40 pm, Wed Nov 21, 2012.

The case of Murray State University basketball player Zaveral “Zay” Jackson returned to its beginning Wednesday.

In a status hearing in Calloway Circuit Court in Murray, Judge Craig Clymer granted the motion of Jackson’s attorney Gary Haverstock to have the case heard by a Calloway County grand jury. Because Jackson had waived his rights originally based on a pretrial diversion deal Haverstock and Commonwealth Attorney Mark Blankenship had made early in the case, Clymer said he based his ruling on the fact that, first, Jackson’s rights to have the case heard by a grand jury should be protected and, second, that the citizens of Calloway County needed to ensured that the case was being conducted under the law in a way they could have confidence in the system.

The grand jury will meet Dec. 6. Clymer, a McCracken Circuit judge who took over the case when Calloway Circuit Judge Dennis Foust recused himself in October. Clymer set a Dec. 11 date for Jackson to be re-arraigned in Calloway Circuit Court.

 Clymer warned that because Jackson was choosing to go this route, he now is subjected to the original charges of assault 2nd degree for allegedly striking two people with his car in the parking lot of the Murray Walmart in September. The pretrial diversion agreement came after assault charges were amended to wanton endangerment and called for Jackson to serve 30 days in jail. 

 Clymer rejected that agreement in his first session with the case a few days ago, changing the offer to include one year of jail time, along with having the charge for wanton endangerment, a felony, stay on Jackson’s record as a felony permanently.

 Individuals facing charges are innocent until proven guilty.

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