Judge Brian Gary heard several pretrial matters on Thursday in the case of a man charged with killing a Denison woman. The woman, Jennifer Comstock, died when a car being driven, police reports show, by Richard Allen Taylor Jr., left the roadway and crashed into a duplex. Ms. Comstock was one of several people inside the structure at the corner of Morton and Armstrong when the wreck occurred on Jan. 24. Ms. Comstock was pregnant at the time of her death.

Judge Brian Gary heard several pretrial matters on Thursday in the case of a man charged with killing a Denison woman. The woman, Jennifer Comstock, died when a car being driven, police reports show, by Richard Allen Taylor Jr., left the roadway and crashed into a duplex. Ms. Comstock was one of several people inside the structure at the corner of Morton and Armstrong when the wreck occurred on Jan. 24. Ms. Comstock was pregnant at the time of her death.


Taylor, 57, has pleaded not guilty to the charge.


Defense attorney T. Scott Smith had a couple of motions for Gary Thursday morning. Smith asked for a continuance and to have the indictment in the case quashed. He has also asked for a change of venue in the case.


Gary took up the indictment matter first. Prosecutor Donald Carter said there is nothing procedurally wrong with the indictment. Taylor is being charged with felony murder, which means he is being charged with committing a felony that resulted in a death. The underlying felony is aggravated assault with a deadly weapon. Carter said he understands it will be his responsibility, at trial, to prove up that underlying charge. However, he said, he didn’t have to set out all of the elements for that crime in the indictment. Smith disagreed. Both sides had cases they wanted Gary to review on the matter, and he said he would do so and get back to them.


Next, Smith asked for a continuance in the case. He said he just recently received the results of blood tests performed on his client after the wreck. Smith said he wants to have an independent party examine the results. Judge Gary asked if Smith had submitted a request to have that done yet, and Smith responded that he had just received the tests 36 hours prior to Thursday’s hearing so he had not done so yet. Smith said he was still trying to find an expert. Gary told Smith to work on getting the expert located quickly. Gary said the matter has been set for trial for several months and he wants the matter to continue to move forward.


The motion for change of venue is set to be heard on Nov. 21.