The hearing before Circuit Judge Jay Toney begins at 2:15 p.m., when Randolph County Prosecutor David Daly plans to present a formal murder charge.


Durbin’s accomplice, David Mizner, 19, also held in the murder of Patrick Cheadle, told authorities he heard a gunshot that night when he, Durbin and Cheadle were at a rural Randolph County residence where Durbin had been staying.

Mizner said he was in fear, according to a probable cause affidavit, and was forced to help Durbin clean up blood and move Cheadle, who was left in his van on a street in Greenville Ohio. Cheadle, 53, Ansonia, Ohio, died of a single gunshot wound to the head.

On the ride back to Randolph County, Mizner said the two bought cigarettes and beer and smoked Marijuana to calm down. The teenager said Durbin gave him $2,000 to keep his mouth shut. He added that never knew Durbin intended to rob or kill Cheadle.

Mizner, who also faces a murder charge, turned himself in at attorney John Tanner’s office last Friday. He will be arraigned Thursday.

Durbin also surrendered, only saying he wanted to clear up the murder.

Cheadle had told friend he was looking to buy three or four pounds of Marijuana from someone in Randolph County. Police used cellular telephone records to track down the suspects.