Shooting trial postponed until January

The trial for a Clovis man accused of a 2015 fatal shooting won’t happen until 2017.

Jonathan Cruz, 25, is scheduled to stand trial Jan. 30 through Feb. 3 on charges connected to the death of Joseph “Jo Jo” Chavez, after a continuance was issued in Thursday’s pre-trial conference.

The continuance ordered by District Judge Matt Chandler resolved a conflict on late submission of the state’s witness list.

Cruz, who will remain in the Curry County Adult Detention Center without bond, did not speak during the conference. His attorney, Anna Aragon of Las Vegas, New Mexico, participated by phone.

Defense attorneys received a list of the state’s 20 witnesses Monday, one week before trial had been scheduled.

The defense filed to strike all 20, citing inadequate preparation time. Aragon said witness interviews were ongoing, but her team was, “not in a position to go forward on Monday if these witnesses are allowed to testify.”

Chief Deputy District Attorney Brian Stover took responsibility, and offered the continuance as a remedy.

“The state did not file a timely witness list,” Stover said. “That was an oversight; that fault was my own. I would state to the court that when we look at the 20 witnesses, all of those witnesses are local and all of those witnesses are available.”

Stover said no surprise witness existed, and all witness statements were on court records previously distributed.

But he conceded, albeit inadvertently, he disadvantaged the defense.

“The state was not trying to hide the ball,” Stover said. “We made an error. That was not done in an attempt to thwart or circumvent defense counsel.”

Aragon said she knows Stover, and didn’t believe he intentionally withheld a witness list.

Chandler said case law includes a four-part test for excluding evidence:

• Whether the state breached some duty or intentionally deprived the defendant of evidence

• Whether that evidence was material

• Whether the non-disclosure prejudiced the defendant

• Whether the trial court cured the failure to timely disclose the evidence.

Chandler said the first three conditions were met, adding the lack of a witness list was addressed during a July 22 status conference.

Regarding curing measures, Chandler said, methods less extreme than striking an entire witness list exist.

“The court believes,” Chandler said, “the proper remedy would be to grant a continuance of the murder trial and rest this on Jan. 30-Feb. 3.”

Chandler set a Dec. 1 deadline for motions and a Dec. 16 deadline for responses, and reminded prosecution of Cruz’ right to a speedy trial.

“It needs to be tried (starting Jan. 30),” Chandler said. “There’s no reason for any further delays.”