Thursday afternoon 
Fabian Roman Rubio, the 20 year old charged with the murder of 15 year old Desi Jones of Bremen appeared in Marshall Superior Court I before Judge Robert Bowen for his initial hearing.
Shackled and sitting along at the defendant’s table Judge Bowen read the charges and gave the minimum and maximum prison sentence. Count I, Murder, a class A felony carries a sentence of 45 to 65 years and a fine up to $10,000. Count II, Sexual Misconduct with a Minor is a level 5 felony and has a sentence of 1 to 6 years and a fine from $1 to $10,000. The final charge is Abuse of a Corpse a level 6 felony with a sentence to range from 6 months to 2 ½ years and a fine of $1 to $10,000. The judge indicated that sentencing could run consecutively or concurrently.
Judge Bowen told Rubio he had 20 days to hire an attorney. At that point Rubio requested a public defender. The judge determined Rubio to be indigent and appointed Tom Black as his court appointed council.
The first pre-trial conference, where attorney Tom Black will meet with Prosecutor Nelson Chipman and Deputy Prosecutor Tami Napier to discuss the case was set for May 20th. Judge Bowen set a jury trial for February 9, 2016 and reserved a week for the proceeding. A status conference on the trail was set for November 19th.
Judge Bowen also told Rubio is being hold with no bond at this point.
In an unrelated case, Rubio has been in the Marshall County Jail since December 22nd charged with one count of Rape and one count of Sexual misconduct with a Minor and held on a $100,000 cash bond.
Listeners and readers are reminded that charging information supported by an affidavit of probable cause is merely an allegation that a crime has been committed and that there is only probable cause to believe a crime has been committed. They are presumed innocent throughout the proceedings and are entitled to be represented by counsel and entitled to a trial by jury at which the State is obligated to provide proof beyond a reasonable doubt before a judgment of guilt may be made.
