A District Court judge agreed with the defense to postpone a trial for a case against a 17-year-old boy accused of shooting a Craig man.
Hugo Silva-Larios, who is being held in the Moffat County Jail on a charge of second-degree murder as the main suspect in the shooting death of James Pogline, will head to trial a few weeks later this summer than previously scheduled.
Pogline, 32, sustained a gunshot wound to the head Oct. 22, 2004 at the Timberglen Apartments and died the next day.
District Judge Michael O'Hara agreed with a motion presented by the defense in the case to begin the 12-person jury trial Aug. 1, because a Spanish-language interpreter would be available only for a portion of the previously scheduled two-week trial. Defense attorney Edward Nugent also stated by telephone in court Tuesday that he couldn't attend a previously scheduled motions hearing.
A two-day motions hearing was moved to July 5 and 6, the start of the former trial date.
The judge ruled to postpone the trial despite objections from the Moffat County District Attorney's Office and a tearful statement from James Pogline's mother, Jody Pogline.
She said a speedy trial would help the family to begin the grieving process.
"The depth of our unrelenting grief cannot be put into words," Jody Pogline said to the court. "I ask you to deny the defense a postponement of a jury trial."
Judge O'Hara said he chose to postpone the trial for a only a few weeks later than its previously scheduled date out of respect for the victim's family.
"I know that it is a common perception that the defendant has more rights than the victims," he said. "As a judge I have to deal with all rights. I'm compelled to continue the case but it's not going to be for very long. We're talking about weeks."
The defendant appeared in court Tuesday and answered questions with the help of a Spanish language interpreter. He agreed through an interpreter to waive his right to a speedy trial. That means the clock has been reset in this case and the defendant has a right to a trial within six months of Tuesday's date.
Defense Attorney Kristopher Hammond said the motions hearing should last two days.
The defense has filed motions in the case, asking the court to suppress evidence police said they obtained from the defendant during a traffic stop after which the suspect was arrested. The defense also is requesting that statements be suppressed that were allegedly made by the defendant to police during an interview.
Other motions presented by the defendant's attorneys state that the accused juvenile has a limited understanding of the English language and that he did not make voluntary statements during an interview with law enforcement following the alleged shooting, according to court documents.
Amy Hatten can be reached at 824-7031 or firstname.lastname@example.org.