New judge agrees to preside over Plentywood rape case

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The Sheridan County courthouse.

Phil Drake, Independent Record Phil Drake

Another judge has agreed to preside over the trial of a Plentywood man accused of three counts of sexual intercourse without consent of two developmentally disabled women after the prosecuting attorney said the previous judge and defendant were both residents of the same small town and may be too familiar with each other.

Judge Brenda R. Gilbert of the 6th Judicial District in Livingston has agreed to the “assumption of jurisdiction” and to preside over the trial of Timothy Ray Marsh, 62, it was ordered Wednesday.

The previous judge, David Cybulski of the 15th Judicial District Court in Sheridan County, called for Gilbert to “hear, try and determine any and all matters that may be presented to her in said case.”

Gilbert accepted the invitation.

“Counsel shall correspond with the new judge to set any motions or trial,” the order states.

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Marsh pleaded not guilty Aug. 25

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