Judge not delaying trial in ex-Indiana councilman’s death

A judge isn’t delaying the trial for a man charged with killing a former northern Indiana city councilman, even though the defense lawyer has sought more time to review the victim’s medical history.

The murder trial of 22-year-old Cody Garman of Elkhart is scheduled to begin Jan. 22. Garman is charged with fatally beating 66-year-old David Swartley of nearby Goshen in May. Court documents say the two met through an online advertisement for casual encounters

Defense attorney David Britton asked last week for a delay so he can study Swartley’s medical records. Britton suggested Swartley’s health issues, including a brain tumor surgery, could have contributed to his death.

Swartley was a businessman, former teacher, the founder of a Christian youth group and a two-term Goshen city councilman in the 1990s.