‘I would be surprised:’ Criminal Defense Attorney says Austin Drummond’s trial most likely won’t happen in 2026

MEMPHIS, Tenn. (WMC) - Phil Harvey is a criminal defense attorney in Memphis. He said an indictment could come down within the next couple of months for accused murderer Austin Drummond.

Harvey also said a trial most likely wouldn’t happen anytime soon. With this being an intended death penalty case, Harvey said the discovery process and the preparation is more complex taking more time.

“I would be surprised if we got a trial in 2026. Although I think that is what the state and probably the courts will be looking for. They will be hard pressed to get it tried by the end of next year,” said Harvey.

Austin Drummond is accused of killing a family of four in Tiptonville and dropping off the baby of two of the victims in Dyersburg. Drummond went before Judge Andrew Cook on Thursday at the Lake County Courthouse for a preliminary hearing.

Harvey said the preliminary hearing allowed Cook to review law enforcements probable cause findings.

“And make sure that it’s warranted to either keep someone in jail or on bond while the case is pending,” said Harvey.

On Thursday, Cook decided there was enough probable cause to send Drummond’s case to the Grand Jury and stated Drummond would continue to be held without bond.

During the hearing, the state called five witnesses to testify, and Harvey said that did surprise him.

“It does appear that the investigation in this case was a little bit more of a jigsaw than a simple eyewitness or smoking gun type evidence,” said Harvey.

Meaning, each of those witnesses played a crucial role in piecing together the puzzle showing what Danny Goodman, the DA, called a clear timeline of events linking Drummond to the crime.

Goodman also requested a gag order which the defense agreed to.

“Not only to ensure the state’s right to a fair trial but al Mr. Drummond also to ensure your right to a fair trial as well, I want to make sure that the parameters are put in place,” said Cook.

Drummond’s attorney did ask for the gag order to be modified so that he and his girlfriend, a relative of the victims, could have contact to speak about their unborn child. Cook said no because based on the testimony Kaitlyn Speed could be called as a witness in this trial.

“To prevent witnesses from either trying to coordinate their testimony, their future expected testimony, or simply just by speaking about the facts contaminating the other witness’s memory,” said Harvey.

According to Cook, Drummond will be back in court on Nov. 10.

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