Pasco shooting suspect plans to claim self-defense
By Paula Horton, Herald staff writer
Defense attorneys for a Kennewick man accused of gunning down a Pasco couple say they intend to put on a self-defense case.
Kevin Holt said he still believes Ramon Garcia-Morales is incompetent and questions whether statements his client made after his arrest were legal.
Garcia-Morales, 30, is charged in Franklin County Superior Court with first-degree murder and attempted first-degree murder.
Garcia-Morales and his younger brother, Jose, are accused of killing Alfredo Garcia, 42, and seriously wounding his wife, Maria Ramirez de Garcia, 38, on Dec. 10, 2008.
Pasco police detectives say before Garcia-Morales shot the couple, he confronted them out of "financial desperation" because he felt he had been shut out of work in the fields and was owed money.
Earlier this month, Judge Vic VanderSchoor ruled that Garcia-Morales was competent to stand trial and set a Sept. 13 trial date.
Holt has said his client doesn't interact with defense attorneys, sits silently looking at the ground and can't help prepare his defense. But VanderSchoor sided with a state psychologist from Eastern State Hospital who said Garcia-Morales was pretending to be incompetent to avoid standing trial.
VanderSchoor said Tuesday that he was considering moving the trial to Sept. 15, but Holt said he needs even more time.
"There's absolutely no way I can be ready for this case on the 15th," Holt said.
Prosecutor Steve Lowe didn't object to continuing the trial, which is expected to take up to three weeks.
Trial now is set for Oct. 4.
Lowe said many of his witnesses are law enforcement officers from Idaho, where Garcia-Morales and his brother were arrested. Prosecutors have a list of about 30 witnesses, and about 20 are from Idaho, he said.
Lowe also told VanderSchoor that he will be amending the charges against Garcia-Morales at the pretrial hearing with the possibility of adding firearm enhancements to the charges. Firearm enhancements carry mandatory prison terms that are added to a defendant's sentence.
After VanderSchoor set the new trial date, he asked Holt if anything else was needed.
"I'd just like a competent client, your honor," Holt said. "Can you help me out with that?"
-- Paula Horton: 582-1556; phorton@tricityherald.com
Defense lawyers for a 28-year-old man accused of helping gun down a Pasco couple inside their home want off the case less than two months before trial, citing a breakdown in communication.
Jose Garcia-Morales stopped talking to his lawyers at least a year ago, and often appears slumped in a wheelchair with his head down for his Franklin County Superior Court hearings.
Shelley Ajax filed a motion Tuesday saying it is necessary for her and Moe Spencer to withdraw "because continued representation would result in violation of the Rules of Professional Conduct."
The trial for a 28-year-old man charged in the 2008 shooting death of a Pasco father has been delayed five weeks.
Jose Garcia-Morales now is set to face a Franklin County Superior Court jury March 14.
He is charged with first-degree murder and attempted first-degree murder for fatally shooting Alfredo Garcia and critically injuring his wife Maria Ramirez de Garcia in their east Pasco home.
A Pasco murder suspect was brought into the courtroom in a wheelchair Thursday and his defense attorney said he still can't communicate with his client.
But almost eight months after Jose Garcia-Morales was considered incompetent to stand trial and sent back to a state mental hospital, a Franklin County judge ruled the 28-year-old now has the capacity to assist in his in own defense.
Judge Carrie Runge ruled Garcia-Morales was competent after a hearing in Franklin County Superior Court on Thursday where the defense chose not to have any expert witnesses testify.
Print
Email Story
