"We're moving forward on a 'worst guy first' prosecution," Summerfield said. "They're all co-defendants, though. It's the same concept as the guys in the getaway car on a bank robbery."
In February, Cobb claimed he shot Smith in self-defense, but defense attorney Jimmy McDole just filed the notice on Monday at the scheduling hearing.
At the time of the incident, Cobb also had a pending rape and domestic battery case from an incident in 2009. Cobb pleaded guilty to a Class B felony criminal confinement in the case in March and the charges of rape and domestic battery were dismissed. He received a seven-year sentence for that case.
Summerfield said it's unfortunate Cobb was free on bail from that case, but that's part of the justice system.
"Everyone is entitled to be let out on bond, whether we like it or not," he said.
In the February initial hearing for the Wood brothers, Tim Wood, father of the two men, said he is troubled about many aspects of how the case has been handled so far. According to the affidavit, and by Cobb's own admission, he is the one who shot Smith. Wood said he was unhappy that his sons are being charged at all.
According to Madison County Jail records, the Woods are still housed in the jail without bond, while Cobb has been transferred to the Department of Correction.
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What's next? Malcolm Cobb Jr., Jonathan Wood, Joshua Wood murder trial Nov. 12 in Madison Circuit Court 4, Judge David Happe