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Friday, Jun. 26, 2009

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Trial delayed for Pasco teen charged in shooting

Kristin M. Kraemer, Herald staff writer

The trial for a Pasco teen charged in an April slaying has been delayed two weeks.

Lawyer Jim Egan said Thursday that he needs copies of more reports and evidence from prosecutors before taking Christopher Ruesga's case before a jury.

Franklin County Prosecutor Steve Lowe told the court he also is waiting on discovery materials from the defense.

Ruesga, who turned 17 earlier this month, now is set for trial July 15 in Franklin County Superior Court on one count of second-degree murder with a firearm. He is being tried as an adult.

Prosecutors allege the teen shot Eutimio Vivero-Martinez in the head April 26 during an apparent gang dispute in a Pasco neighborhood.

Vivero-Martinez, 38, known by loved ones as "Junior," died when he arrived that afternoon at Kadlec Regional Medical Center in Richland.

More than a half-dozen family and friends of Vivero-Martinez attended Thursday's hearing.

Ruesga also had loved ones in the courtroom.

Egan asked Judge Craig Matheson to move the trial out of Franklin County before even attempting to seat a jury. He argued that his client won't get a fair trial in the Tri-Cities because of extensive media coverage of the case, increased security during court hearings to control the spectators and the heightened tension of the community "based upon various continuing threats from the victim's family members."

"That's the atmosphere that will prevail should the trial occur in this community," said Egan, who mentioned Spokane and Seattle as alternative venue options.

Lowe responded that while it may be portrayed as a gang case, the motivation behind the confrontation is not relevant to prosecutors. The issue is what happened: Vivero-Martinez was killed and Ruesga is accused of pulling the trigger, he said.

Lowe added that no matter where the trial is held, there will be extra police officers and security guards in the courthouse.

Matheson decided to wait until mid-July before ruling on the change of venue motion, saying the attorneys should at least try to pick a jury before determining if the trial needs to be moved.



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