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Motion denied in heroin overdose

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Ted Sullivan
February 18, 2011
— A motion to dismiss the homicide case against the Beloit man accused of giving a Milton man a fatal dose of heroin was denied Thursday in Rock County Court.

David W. Givhan, 25, and his attorney, Jack Hoag, had requested that the case be dismissed, claiming insufficient evidence was provided at the preliminary hearing to bind over Givhan for trial.


They said testimony from different witnesses was inconsistent and didn't show probable cause that Givhan committed felony first-degree reckless homicide.


Givhan is suspected of selling heroin in Beloit to Luc A. Marsh, 29, on March 31, 2009. Later that day, Marsh was found dead from an overdose in a bathroom at the Edgerton hospital where he worked.


Hoag said witnesses told different stories about where the drugs were ingested and other details of the case. He said the witnesses didn't provide a consistent story suggesting Givhan's guilt.


Assistant District Attorney Richard Sullivan said the preliminary hearing is not the time to determine witness credibility. He said the testimony provided was enough for probable cause.


Judge Kenneth Forbeck said he reviewed the transcript from the preliminary hearing. He said the testimony was sufficient to move forward. He said jurors would judge the credibility of the testimony at trial.


Givhan and Hoag have filed several motions. Another motion to dismiss the case was filed, claiming prosecutors misrepresented witness statements in the criminal complaint. The judge will decide that motion at a future date.


Givhan was arrested after phone records and text messages led investigators to people involved in the heroin deal, according to the criminal complaint. Witnesses of the heroin buy then cooperated with investigators.


Givhan was charged about 15 months after Marsh's death. He remains jailed on a $100,000 bond.


A jury trial is scheduled to start June 20.



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