Suit against Holly Bobo prosecutors transferred to circuit court - FOX Carolina 21

Suit against Holly Bobo prosecutors transferred to circuit court

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Holly Bobo Holly Bobo
Shayne Austin Shayne Austin
Attorney Luke Evans Attorney Luke Evans

A judge has ruled that a lawsuit filed by a suspect who was offered immunity for his testimony against suspects in the disappearance and murder of Holly Bobo will be heard in circuit court.

According to Shayne Austin's attorney, prosecutors are trying to indict 29-year-old Austin even though they say he's held up his end of the deal.

"Where is the case? There is no pending criminal case. There is not a criminal case against Shayne Kyle Austin," said attorney Luke Evans during the court hearing.

The state was seeking to have the lawsuit dismissed, arguing that the suit was filed in the wrong court. The state also contends that hearing the suit would reveal too much information about Bobo's murder case too soon.

Decatur County Chancellor Carma D. McGee ruled Tuesday that Austin's lawsuit against prosecutors over their plans to revoke his immunity agreement should be heard in circuit court.

News that the state was seeking to revoke the offer of immunity for Austin came on the same day that authorities announced the indictment of Jason Wayne Autry, 39, for kidnapping and the murder of Bobo.

Previously, Zachary Adams had also been charged with kidnapping and the murder of Bobo.

Evans said Austin signed an agreement to testify against the other accused killers for immunity from prosecutors in the case, but the district attorney's office later emailed Evans and told him the deal was off and that he could expect his client would be indicted.

Evans said Austin had remained in full compliance with the agreement.

According to Evans, the district attorney's office says the immunity agreement was based on complete truthfulness, and the D.A. believes Austin lied about what happened.

Bobo's family was in court for Tuesday's hearing, and they say they plan to be there every step of the way.

Karen Bobo said this is all supposed to be about finding justice for her daughter, and she asks everyone to ignore the circus and sideshow that attorneys are putting on.

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