CONWAY, SC (WBTW) – Two men accused of the death of Zack Malinowski had a hearing Wednesday morning to hear a motion to recuse the 15th Circuit Solicitor’s Office from prosecuting the case.
Javon Dion Gibbs, 21, of Conway, and Christopher Anfony Brown, 22, of Myrtle Beach were arrested in early December of 2014. Brown and Gibbs are both charged with kidnapping and murder.
A judge decided the case will be moved from 15th Circuit Solicitors Office to avoid the appearance of impropriety. The South Carolina Attorney General’s Office will handle the case and it will be held in Conway.
“It’s just a little frustrating,” said Chief Deputy Solicitor, Scott Hixson.”We were looking at an October trial date and motions filed, and now we have to get another office up to speed to be able to try this as well.”
The motion released by Horry County says that Gibb’s lawyer filed the recusal because attorney Chris Helms previously worked at the 15th Circuit Defender’s Office and because he was “an active participant in the defense of the co-defendant” he was privy to confidential information from the other case.
Helms is now an Assistant Solicitor with the 15th Circuit Public Solicitor’s Office.
Zachary Matthew Malinowski, 19, of Conway had been living with his grandparents when he was reported missing in 2013. A relative found the burnt remains of his car in the woods in September of 2013 and his body has still not been found.
Malinowski’s mother, Missy Jordan, was also in court on Wednesday and said it was hard decision to hear.
“We felt like the solicitor’s office was doing a great job and we hate to lose them,” said Jordan. She also spoke about how hard it was to sit in the same room as those charged with her son’s murder.
“It’s unbearable almost and it’s all you can do to just stay in your seat,” added Jordan.
Attorney’s say it could be several months before the trial begins.
