Shooting trial may be delayed
The April trial for a man who allegedly shot his wife in the back of the head during a domestic dispute may have to be rescheduled.
The delay may be necessary so that a murder trial that had to be postponed earlier this month can resume - if needed, according to discussions in Yuma County Superior Court on Tuesday.
During what was a status hearing, Superior Court Judge Brandon Kinsey informed attorney Micheal Donovan, who represents Mark Antonio Villicana, and the prosecution that he was not vacating the trial in this case - which is expected to last two weeks - he just wanted them to know about the possibility that it could be.
“I’m not saying we are going to move your trial, we still may go forward with it, we just won’t know until mid December,” said Kinsey, who made no specific reference to which case the murder trial stemmed from.
However, on Nov. 6 Judge Kinsey vacated the murder trial for former Marine Jared Cardwell, who has been charged in the death of his 22-monthold stepdaughter four years ago, during what was the fifth day of jury selection.
The reason for doing so was to allow the defense time to have its expert witness examine some tissue from the victim. The defense had been requesting the sample for the past year, but the Medical Examiner’s Office in Pima County, where the autopsy on the victim was performed, had been unable to locate it until recently.
Judge Kinsey, who is presiding over that trial, which was expected to last 12 weeks, also scheduled a status hearing in the case for 8:30 a.m. on Dec. 11, at which time a new trial date will be discussed.
Villicana’s wife also addressed the court during the hearing, asking if it would be possible for her husband’s trial to be held sooner rather than later. Kinsey explained that the only time the court had available on its trial calendar prior to April was in January, but Donovan was going to be in trial on another case during that same time frame.
Afterwards Kinsey told both counsel they would be informed of their next court date on this matter.
Villicana, who appeared out of custody, has been charged with two counts of aggravated assault and one count each of attempted second-degree murder and disorderly conduct.
According to the Yuma County Sheriff’s Office, on Sept. 13, 2018 at about 8:30 p.m., deputies responded to a report of a shooting in the 10100 block of South Typhoon Avenue in the Foothills.
Upon arrival, deputies spoke to Villacana, who allegedly told them he had shot his wife. She was found in the garage of the home with a single gunshot wound to the head.
She was transported to Yuma Regional Medical Center and later flown to a Phoenix-area hospital.
James Gilbert can be reached at jgilbert@yumasun.com or 539-6854. Find him on Facebook at www. Facebook.com/YSJamesGilbert or on Twitter @YSJamesGilbert.