ALAMOSA — “This will go to trial.” That was the statement from Alonzo Payne, District Attorney for the 12th Judicial District, in an email to the Courier following Monday’s proceedings in James Marshall’s case. 

And with those five words, it would seem that months spent in negotiations as the defense and prosecution attempted to find a resolution – including back in April when statements in court suggesting that a resolution was close to being reached – have ultimately come to an end, and it will be left up to the people to decide Marshall’s innocence or guilt in the shooting of Danny Von Pruitt during a Black Lives Matter protest in downtown Alamosa last summer.

James Marshall is currently facing charges of attempted second-degree murder as well as first-degree assault, reckless endangerment, felony menacing, criminal mischief, illegal discharge of a firearm and prohibited use of a weapon.

Even before Payne’s statement, the proceedings reflected the trajectory as the bulk of Monday’s discussion addressed trial procedures. It was decided the court will hold jury selection in different courtrooms to accommodate for social distancing, although Randy Canney, counsel for the defense, indicated both in court on Monday and in a text conversation with the Courier afterward that he may be filing a motion about the selection process.

Both parties also requested that jurors be required to wear masks throughout voir dire (the selection process) and the trial itself.

Additional actions included the court ordering both parties to submit the juror questionnaire in writing on or before next Monday, July 19.

The parties will also provide an updated witness list 30 days prior to trial.

The parties were also in agreement that the DA will provide updated criminal histories and will look into information law enforcement may have from the Alamosa Police Department, the Alamosa County Sheriff’s Office and the Costilla County Sheriff’s Office regarding “threatening behavior by the victim”, Danny Von Pruitt.

Both parties expressed the belief that they will be able to come to an agreement regarding exhibits – that is, evidence that can be used by the defense or the prosecution in proving their case – but will leave it open until the time of the trial.

There was some discussion about a reconstruction of the crime that was created as part of the investigation into the events, and the DA agreed that they will be proceeding with the officers as lay witnesses (versus expert witnesses) and will not be using any of the reconstruction investigation.

On the day of jury selection, the court will also have those people called as potential jurors complete the juror questionnaires and then will break to allow counsel on both sides to review the responses.

This case, which received nationwide attention when it happened, has been controversial from the beginning, both within the context of demonstrations that were being held across the country following the murder of George Floyd by Officer Chauvin as well as within the context of demonstrations being held in Alamosa.

When James Marshall previously pled not guilty to the charges he’s facing, Mr. Canney had shared with the Courier that he plans to defend Marshall’s actions as carried out “in defense of others.” He recently confirmed that was still the plan.

DA Payne, who recently made it clear he will be the lead prosecutor and the one “handling the case, has not shared his plan with the Courier.

Judge Gilbert Martinez, presiding, has made it clear for months that he wanted the parties to either reach a resolution or take steps in preparing to go to trial. However, one of his last statements in court on Monday indicated that, if a resolution was somehow reached, counsel should immediately contact the court and get on the docket.

According to Mr. Canney, that is always a possibility. “We’ll always keep talking,” he has been quoted as saying. However, DA Payne’s statement on Monday suggests that possibility, if it even exists, is far from likely.

Attempts were made to reach Mr. Danny Von Pruitt for a reaction about going to trial, but the Courier’s phone calls to Von Pruitt’s attorney – who has been handling media requests – were not returned.

The trial is set to begin Monday, August 30 at 8:30am with jury selection as the first order of business. It is currently scheduled to last 8 days.