Lafferty requests new judge

BLOOMFIELD, Mo. -- Two Stoddard County men, both of whom face separate allegations, saw changes in their cases last week.

Donald Lafferty, who is charged with first-degree attempted murder, armed criminal action, first-degree arson and financial exploitation of an elderly/disabled person, appeared in court Wednesday without his attorney. Lafferty's attorney, Daniel Moore, asked attorney Briney Welborn of Bloomfield to enter a motion for change of judge on his behalf.

Stoddard County Prosecuting Attorney Russell Oliver said the motion will go to the Missouri Supreme Court, which will assign a new judge.

"Once a new judge agrees to take the case, then everything will proceed," Oliver said. "That process usually doesn't take too long."

Oliver explained the Lafferty case will be tried in Stoddard County. Lafferty will not be able to receive a change of venue, as the motion for change of judge was the only motion of its type to be filed.

The charges facing Lafferty allege he -- with Brandi and Christopher Hicks -- agreed to carry out a plan to set fire to the Lafferty home while Donald Lafferty's wife, Mildred Lafferty, slept. The Hickses would ignite the fire for $15,000 and receive another $5,000 if Mildred Lafferty died.

Christopher Hicks is scheduled to appear at the Stoddard County Justice Center on Sept. 3 for a case review.

Meanwhile, Allen McCoy, who is charged with first-degree murder, two counts of armed criminal action and first-degree robbery, will get a change of venue.

McCoy's attorney, Beth Ann Kerry of St. Louis, had discussed with the prosecutor's office moving the case to Butler County.

"They filed a written motion for a venue change on Aug. 6, and it was electronically filed," Oliver explained.

Oliver said once the case is formally assigned in Butler County, the judge will schedule the next appearance and everything will proceed from that point.

McCoy is charged with the June 2010 murder of 67-year-old Aubrey Lee Finch at Bernie, Missouri. In February 2013, McCoy was declared to be mentally disabled and subsequently ruled incompetent to stand trial. He was examined by mental health professionals for the prosecution and defense before the determination was made.

A motion in February revealed the staff at Fulton State Hospital, where he had been housed, "found that Mr. McCoy's unfitness to proceed no longer endures."