TOLEDO, OH (WTOL) - The two men accused in the fatal stabbing at the Boom on the Bay celebration at Maumee Bay State Park were back in court Wednesday. But again, there was a delay for both defendants.
Elijah Clark, and his older brother Maurice, were facing charges of murder and felonious assault after police say they fatally stabbed 24-year-old Karl Avery.
Elijah took a plea deal in the case, agreeing to plead guilty for a charge of complicity to felonious assault.
While he could face up to 18 years in prison, the murder charge would be dropped.
In return, he has agreed to help the prosecution with their case, including the possibility of being called to the witness stand during his brother Maurice's trial.
"The agreement between the parties was contingent on the case of Maurice Clark prior to Elijah Clark being sentenced," said Prosecuting Attorney Brian Boos.
With only a few days before Maurice's trial, he request the court appoint him a new public defender.
The court appointed a new attorney for Maurice Clark Wednesday, but the new attorney needs time to get caught up on the case.
His trial is set to begin in April.
Because of this, Elijah will have to wait to be sentenced.
Elijah's attorney asked his bond be reduced because he is pleading to a lesser charge, but the judge denied the request.