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Motions heard in homicide case

Posted: Thursday, Nov 7th, 2013

Courier editor

ALAMOSA — Chief District Court Judge Pattie Swift on Wednesday ordered that no more than half of a partial box of ammunition taken from Gregory Carpenter, 50, after he fatally shot neighbor Jose Luis Fernandez, 36, on April 8 in the Wagon Wheel Trailer Park could be used up during Colorado Bureau of Investigation testing of the evidence.

Carpenter is charged with second-degree murder. Through his attorney Terry Ryan he entered a not guilty plea on Wednesday. A six-day jury trial is scheduled to begin April 25, 2014.

Carpenter’s attorney filed several motions in this case including a motion to make physical evidence available for inspection and testing.

Deputy District Attorney Mark Loy told the judge on Wednesday that evidence including the firearm, ammunition and clothing recovered from the scene was in the possession of Colorado Bureau of Investigations (CBI) and would be tested probably within the next couple of months by CBI Agent Dale Higashi. Loy said he understood there would be sufficient evidence preserved after the CBI testing for independent testing by the defense if it wished.

“We will make the physical evidence available,” Loy said. “That’s normal protocol. We certainly have no objection to them being able to do a test on the physical evidence in this case.”

Loy added CBI has a backlog, but he has informed them of the scheduled trial date in this case and the necessity of receiving test results sufficiently in advance of that time. He said as soon as he received results from CBI he would share those with the court and the defense counsel so it could conduct its own tests if desired.

Judge Swift scheduled a hearing on a motion to suppress for January 13, and she said hopefully the CBI results would be available by then. At that time, District Judge Michael Gonzales will be taking over the criminal cases in Alamosa County, Judge Swift said, so he will preside over this case going forward.

For the complete article see the 11-07-2013 issue.

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