This video presents a live-streamed preliminary examination from Judge Jeffrey Middleton's 3B District Court on October 28, 2025. The central focus is the case of People v. Timothy Yoder, who is charged with assault by strangulation and felony domestic violence, enhanced by a habitual offender notice. The court hears testimony from the responding officer, Trooper Andrew Stole, who details his interaction with the victim, her distressed state, and her account of the assault. A key legal point arises when the judge admits the victim's statements to the officer under the "excited utterance" hearsay exception, over the defense's objection. The trooper also presents photographic evidence of the victim's injuries, which are consistent with strangulation, and describes the defendant's conflicting account. After arguments, Judge Middleton finds sufficient probable cause and binds the case over to the circuit court for trial. The video also briefly covers a second case, People v. Caitlyn Sand, in which the defendant waives her right to a preliminary examination.
Proceedings in 3B District Court: The Preliminary Examination of Timothy Yoder
12:18 Charges Against Timothy Yoder: The court formally addresses the defendant, Timothy Yoder, detailing the serious charges against him: Count 1, assault with intent to commit great bodily harm by strangulation, and Count 2, domestic assault (third offense), both felonies. He is also charged as a habitual offender, which significantly increases the maximum potential prison sentences.
14:09 Plea Offer Revoked: The prosecutor states that a plea offer was extended but will be revoked if the preliminary examination proceeds. The defendant confirms he understands and wishes to proceed with the hearing.
15:58 Trooper Andrew Stole's Testimony: The prosecution's sole witness, Trooper Stole, is called to the stand. He testifies that he was dispatched to a domestic assault in progress on September 21, 2025.
17:54 Key Ruling on "Excited Utterance": The defense objects to the trooper relaying the victim's statements, arguing they are hearsay. The judge overrules the objection, allowing the testimony under the "excited utterance" legal exception, as the victim was visibly distraught and crying immediately after the alleged event.
23:27 Victim's Account of Strangulation: Trooper Stole testifies that the victim told him her husband, the defendant, choked her with his left hand, pinned her against a wall, cut off her breathing, and caused her to fear for her life and begin losing consciousness.
25:12 Photographic Evidence of Injuries: The trooper presents photographic evidence (Exhibits 1 & 2) showing injuries consistent with the victim's account, including redness in the shape of a handprint on her neck and petechiae ("webbing") behind her ear, an indicator of asphyxia.
31:58 Defendant's Conflicting Story: The trooper located Mr. Yoder coming out of a wooded area near the apartment, appearing intoxicated. The defendant denied the assault and claimed the victim had chased him with a knife. The trooper found no evidence at the scene to support this claim.
44:58 Judge Finds Probable Cause: After hearing arguments from both sides, Judge Middleton rules that the prosecution has met the legal standard of probable cause. He emphasizes the compelling nature of the photographic evidence and the admissible testimony.
48:03 Case Bound Over for Trial: The judge binds Timothy Yoder's case over to the circuit court for trial. He maintains the bond at $75,000 cash/surety, noting the defendant's significant criminal history.
50:45 Second Case Resolved: The court briefly handles the case of Caitlyn Sand, who formally waives her right to a preliminary examination. Her case is also bound over to the circuit court.