Court Glance
San Luis fatal DUI case postponed
A case management conference for the San Luis man suspected of being under the influence during a fatal Christmas Eve collision was postponed Wednesday. The delay came in order to give his attorney more time to gather reports and other material needed in the case.
Appearing before Superior Court Judge David Haws, attorney Julie McDonald, who represents 21-year-old Brian Silva-Lopez, informed the court that while the case is six weeks old, she is having trouble getting all of the discovery she has requested, and was therefore asking for a short continuance.
McDonald explained that she has requested 11 additional police reports from the San Luis Police Department, but has not been told if they exist or not, or if they will be provided to her. She added that she has also yet to receive an autopsy report or the results of a toxicology test.
Prosecutor Tom Varela of the Yuma County Attorney’s Office, when asked, added that discovery is ongoing and being disclosed to McDonald as soon as his office receives it.
Haws, after hearing from both counsel, granted McDonald’s request for a continuance and scheduled the next hearing for March 13 at 8:30 a.m. He also advised McDonald to file a motion to compel with the court if the problems persist.
Silva-Lopez has been charged with second-degree murder, criminal damage, driving under the influence and driving under the influence of an intoxicating beverage with a blood-alcohol content of .08 or more. He remains in custody at the Yuma County jail.
According to San Luis police, the crash happened at about 4:50 a.m. on Christmas Eve near 10th Avenue and Los Alamos Street. Police said Silva-Lopez was driving his 2007 Pontiac and traveling north on 10th Avenue when it struck the driver side of a red 1998 Chevrolet Corvette headed west on Los Alamos Street.
The driver of the Corvette was identified as 30-yearold Marco Bustamante of San Luis. Bustamante was rushed to Yuma Regional Medical Center, where he was pronounced brain-dead later that day due to his multiple life-threatening injuries.
Silva-Lopez was uninjured.
Trial date set for man charged in fatal crash
At the request of his attorney, a trial date was set Wednesday for the man charged in connection to a crash on Highway 95 that killed a motorcycle rider.
The hearing began with attorney Michael Donovan, who represents Jeffrey Warner Cloud, explaining that despite a settlement conference being held in the case, he and prosecutors were unable to work out the details of a plea agreement. When asked by Superior Court Judge David Haws how long he thought he would need for the trial, prosecutor James Eustace of the Yuma County Attorney’s Office replied that he thought it would take about three weeks.
After hearing from both counsel, Haws set Cloud’s trial for Oct. 1 at 9 a.m., with it scheduled to continue on Oct. 3, 4, 8, 10, 11, 15, 17 and 18.
Haws also scheduled a final pretrial conference for 8:30 a.m. on Sept. 20. He also ordered that jury instructions and a list of witnesses and exhibits be submitted prior to the final pretrial conference. All motions are to be filed in a timely manner as well.
According to information provided by a Department of Public Safety spokesperson, the collision occurred May 21, 2018, at 5:46 p.m. on Highway 95 near milepost 34.
Cloud was driving a Ford pickup truck south on Highway 95 when he failed to negotiate a curve in the road and drifted into the oncoming lane of traffic, DPS said. As a result, Cloud’s pickup truck struck 60-year-old Byron D. McClure’s motorcycle head-on. McClure died at the scene from his injuries.
Cloud, who was uninjured, was taken into custody by DPS troopers and booked into Yuma County jail on the charge of seconddegree murder.
According to court records, Cloud showed signs of intoxication at the scene, with the odor of alcohol on his breath, bloodshot and watery eyes and visible signs of impairment.
Fatal home invasion case extended
A judge granted a defense request Wednesday for a continuance from attorney Michael Donovan, who represents Jesus Andres Gonzales, one of five defendants charged in connection with the fatal shooting of a 20-year-old man. The shooting occurred during a series of home invasions last year.
In asking for the continuance, Donovan explained that he and the prosecutor assigned to the case were still in the process of negotiating a resolution.
After hearing from both counsel, Superior Court Judge David Haws granted Donovan’s request and scheduled his client’s next court appearance for 8:30 a.m. on March 13 for a change of plea or trial setting.
Gonzalez has been charged with 19 felonies, including one count of firstdegree murder, one count of kidnapping, one count of attempted endangerment and three counts of burglary, for his alleged role in the crime, which led to the death of Leondre Richards. Richards’ mother also was injured in the incident.
Gonzalez has also been charged with eight counts of aggravated assault, three counts of endangerment and one count each of armed robbery and criminal damage. He remains at Yuma County jail.
James Gilbert can be reached at jgilbert@yumasun.com or 539-6854.