The formal arraignment for Jeff Myers will be in two months, it was determined after a brief hearing Tuesday morning.

Myers will be formally arraigned at 9:30 a.m. Wednesday, Oct. 9, for a felony charge of child neglect.

He’ll appear at Kingfisher County District Court before District Judge Paul Woodward.

That date was set during a brief appearance at the county courthouse Tuesday in which Associate District Judge Allison Lafferty was forced to reverse a previous ruling.

Lafferty determined at a preliminary hearing June 27 that the state didn’t provide sufficient evidence to find probable cause that child neglect had occurred in the case against Myers “because the state failed to prove the act was malicious and/or willful,” according to court minutes.

The state - represented by Assistant District Attorney Jimmy Bunn - appealed that ruling.

District Judge Tom Newby ruled July 19 that Lafferty’s ruling “was in error” according to court documents and set Tuesday’s hearing for Lafferty to “correct her error.”

Myers was charged with the crime last October by then-District Attorney Mike Fields.

His attorney, Joe White, said Myers waived his 30day right to his arraignment, allowing the date to be pushed to October.

In the meantime, White told the Times & Free Press that he and his team, which includes his wife and attorney Kate White and legal assistant Amber Walker, both of whom were present Tuesday, will be preparing a motion to quash Newby’s ruling.

A motion to quash is a formal request to a court to make a previous decision null or invalid.

“I don’t know why we are here,” White said during Tuesday’s proceedings before Lafferty. “There was no ruling. He (Newby) just said, ‘I find there’s evidence.’ But here were are.”

“We’ll file the motion to quash,” he told the Times & Free Press afterward. “And we’ll take that up with Judge Woodward and go from there.”