CONWAY, SC (WMBF) – One of the men accused of kidnapping and murdering 19-year-old Zachary Malinowski in 2013 will not be going to trial next week, as previously scheduled.
The trial for Javon Gibbs, charged with kidnapping and murder, will not be starting on Tuesday, September 4, as there was a defense motion granted that affects the state's ability to try the case, according to Robert Kittle with the South Carolina Attorney General's Office. Kittle said they will be filing a notice to appeal that ruling, so there will be no trial while that is pending.
Ralph Wilson, Gibbs' lawyer, said the judge granted the defense's motion to suppress certain evidence. He said the judge agreed the motion to suppress that evidence was valid, and made a legal decision on that. The state is now appealing that ruling, and it is the state's appeal that is delaying the trial.
"They could still go ahead with the trial on Tuesday. I filed a motion for a speedy trial a long ago," Wilson said. "We're prepared to go to trial on Tuesday...the defendant and his lawyer, myself, are ready to go to trial."
Police say they determined that in the early hours of Aug. 26, 2013, Gibbs and another suspect, Christopher Brown, abducted Malinowski from his home and took him to the western portion of Horry County, where he was killed.
Earlier this year, a judge revoked a previous bond given to Gibbs in the Malinowski murder case, ruling that the defendant violated the terms of that bond by allegedly killing Laquan Johnson in September 2016.