Fetters’ final conference adjourned until September

July 16, 2013
Fetters is brought to the transport van by Mason County Sheriff personnel.

Fetters is brought to the transport van by Mason County Sheriff personnel.

LUDINGTON — Lowell Fetters has been lodged in the Mason County Jail for over a year. He has been charged with 32 counts stemming from a June 2012 incident that included the shooting of Ludington Police Sgt. David Maltbie. He has yet to have his day in court.

In April Fetters waived his right to a speedy trial so he could undergo an independent psychological examination. That examination took place on May 25 and the examiner has yet to get the results to defense attorney David Glancy.

Fetters appeared in 51st Circuit Court Tuesday for a final conference in front of Judge Richard Cooper. The final conference is typically the last chance to reach a plea agreement before a case goes to trial. Glancy said he was told the examination results could be another four weeks.

Mason County Prosecutor Paul Spaniola was clearly unhappy about that information but agreed that it was necessary to wait until the results came back before proceeding.

Fetters, 65, is being charged with 32 counts in connection with a June 27, 2012 incident at his home at 707 N. Delia St. in Ludington.

Police had been called for a disturbance at the home involving Fetters and his wife. Upon the arrival of police, the situation escalated resulting in Maltbie being shot. Fetters was initially charged with nine counts including assault with intent to murder, police officer assault/resist, obstruction causing injury, felonious assault, malicious destruction of police property, domestic assault second offense and four counts of weapons felony firearms.

Fetters had already had a psychological examination in November 2012, which was ordered by the court. That exam determined that he was fit to stand trial. His attorney at that time, Annette Smedley (who is now a circuit court judge in Muskegon County), had then requested an independent examination be conducted.

The case was adjourned until 3 p.m. Sept. 3.

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