March rape trials delayed in Delaware County Common Pleas Court


Two rape trials set for March have been postponed in Delaware County Common Pleas Court.

The first case revolves around Timothy Durbin, 52, of Columbus, who was scheduled to stand trial on March 14 and face four counts of rape, which are first-degree felonies; two counts of gross sexual imposition, which are third-degree felonies; and one charge of kidnapping, a first-degree felony.

However, after a motion to continue the trial was filed by First Assistant Delaware County Prosecutor Kyle Rohrer, the trial was rescheduled to May 2.

This will be Durbin’s second trial for these charges after a jury could not return a verdict following proceedings in July 2016. After no verdict was returned, Delaware County Common Pleas Court Judge Everett Krueger declared a mistrial.

A new trial was then scheduled for Oct. 24, then continued to Dec. 5. However, the Dec. 5 trial was delayed after Durbin said he was considering a plea agreement. At a hearing on Dec. 7 Durbin said he did not want to plead guilty to the charges.

Durbin is accused of sexually assaulting a young girl in Westerville between July 1, 2003, and July 31, 2004.

Durbin was out of jail on a recognizance bond Tuesday.

He was originally indicted in December 2015.

The second case that was delayed is that of Javier R. McGarvey, 19, of Springfield, Ohio.

McGarvey has pleaded not guilty to two counts of rape, first-degree felonies; a count of kidnapping, a second-degree felony; and one count of gross sexual imposition, a fourth-degree felony and was originally set to stand trial on March 2.

However, a motion was filed on Feb. 14 asking Delaware County Common Pleas Judge David Gormley to postpone the trial because one of the defense attorneys has an engagement in March with Ohio Senate that cannot moved.

Gormley granted the motion Tuesday and set the new trial for April 11.

At McGarvey’s arraignment in December, prosecutors alleged that on Aug. 13 McGarvey was visiting a family friend in Columbus to play Pokemon Go and afterward they went to the girl’s home in Delaware.

Assistant Delaware County Prosecutor Brian Walter said at the home McGarvey and the 17-year-old were alone in the basement. He said that McGarvey wrapped his arms around the girl and sexually assaulted and raped her.

Walter said at the arraignment that McGarvey initially denied the allegations, but after hearing the girl’s statement, McGarvey acknowledged it. McGarvey’s attorney, Michael Morocco, said at the hearing that he disagreed with the prosecutor’s presentation of the case and said the sexual conduct was consensual.

At the arraignment, Gormley told McGarvey that he faces between three to 11 years in prison for the rape charges; between two to eight years for the kidnapping charge; and up to 18 months in prison for the gross sexual imposition charge.

McGarvey was indicted on Dec. 2 by a Delaware County Grand Jury and arrested on Dec. 9 in Fort Wayne, Indiana, where he attends college.

McGarvey was out on bond Tuesday.

Timothy Durbin Durbin

Javier McGarvey McGarvey

By Glenn Battishill

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Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.

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