WORTHINGTON - Chim LoVan, of Worthington, appeared in court Monday for a contested omnibus hearing in his murder case for the death of Blue Thyboualoy.
LoVan is charged with both second-degree murder and second-degree assault after a confrontation with Thyboualoy on June 19, allegedly over money.
In the alleged attack, Thyboualoy was stabbed twice, once in the abdomen and once in the arm. Thyboualoy administered first aid to himself after the attack but did not seek professional medical attention until the following evening. He died during surgery on the abdomen wound.
LoVan’s attorney, public defender Louis Kuchera, asked for a dismissal of the case due to lack of probable cause. Kuchera never stated specifically why he was making the motion for dismissal. However, Nobles County Attorney Kathy Kusz noted the defense’s claim was likely based upon Thyboualoy waiting for hours before seeking medical attention for his stab wounds. Kusz also recognized the defense’s position that LoVan’s alleged victim is unable to identify him.
Judge Terry Vajgrt was ready to enter a ruling denying Kuchera’s request when both attorneys asked for the ability to submit both arguments and evidence into the record.
Vajgrt offered Kuchera the ability to give an oral argument. Kuchera asked to be allowed to give his argument after submission of evidence by the state. Vajgrt denied his request. Kuchera opted to submit a written argument of his position instead.
Kusz entered the state’s evidence into the record, including interviewing one of the lead detectives on the case on the witness stand. Evidence included photos of where the alleged attack occurred, witness testimony and both medical and cell phone records.
Kusz also asked Vajgrt for the ability to submit a written argument in response to Kuchera’s written statement. Vajgrt agreed, giving the defense two weeks to submit a written argument and the state one week after to respond.
LoVan is currently being held in the Nobles County Jail on $1.5 million bail without conditions and $1 million bail with conditions.
