 During the Monday hearing, defense attorney Kayla Fugate told Judge J.B. Hines that she and Commonwealth's attorney, Corey Beck Baumgartner, were working on a resolution of the case to avoid a trial. Judge Hines set another pretrial conference for August 12th. Judge Hines has previously ruled McElvain is competent to stand trial. The ruling was based on the testimony of two psychologists.