A nephew and uncle will be tried together for the August fatal shooting of a 19-year-old man outside a Pasco dance club.
Judge Robert Swisher granted a prosecution motion Tuesday to consolidate the cases of Santos Flores-Alcaide and Enrique Alcaide for trial.
One jury will be seated to listen to testimony, review the evidence and decide if the men were involved in the death of Eduardo Angon De Villar and are guilty of their separate charged crimes.
Their trial is set for Jan. 25 in Franklin County Superior Court.
However, Swisher did note that defense attorney Shelley Ajax may have a conflict with that date because she has an unrelated Pasco murder case set for trial Jan. 20.
He left it open for Ajax to possibly seek a motion to sever the two cases if her earlier trial goes as scheduled and she can’t adequately defend client Flores-Alcaide at trial the following week.
The court set a Jan. 7 hearing to confirm the trial date and that the suspects will face one jury.
Alcaide, 22, of Sunnyside, and Flores-Alcaide, 28, of Grandview, both are charged with one count of first-degree murder.
The older uncle has additional felony charges of first-degree assault and possession of a stolen firearm.
Angon Del Villar, of Pasco, reportedly was outside La Tropicana on West Columbia Street early Aug. 30 when he was confronted by the suspects. A fistfight broke out between the teen and Alcaide, who allegedly told his uncle to get a pistol from their vehicle.
Flores-Alcaide fired several shots at close range at De Villar, then turned the gun on Francisco Elvira, who was trying to help the victim, court documents said.
Alcaide drove the getaway car, but they were quickly stopped and arrested by Pasco police on Lewis Street, documents said.
Del Villar died at Lourdes Medical Center in Pasco while being treated for his gunshot wounds.
Deputy Prosecutor Dave Corkrum requested the trial consolidation in the interest of judicial economy.
Corkrum said “it is alleged that the offenses charged were part of a common scheme or plan or were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the others, and thus require the same witnesses.”
Prosecutors plan to call more than 25 witnesses, including a number of experts from outside Franklin County.
Ajax and Richard A. Smith, who represents Alcaide, both objected.
Smith argued that the evidence against his client is minimal. He claims that Alcaide was attacked by several people he did not know, and that no witness can say Alcaide possessed a gun or used a gun while he was being beaten.
Smith further said the cases have been treated separately by prosecutors from the start, and shouldn’t now be joined when he was trying to get Alcaide’s case to trial in a timely fashion. That case had been set for Jan. 4.
Santos-Alcaide reportedly told police he had no recollection of the event.
Ajax argued that Alcaide made statements to investigators that both help and hurt her client, and she wouldn’t be able to prepare the defense for Santos-Alcaide while uncertain what would get before the jury.
Corkrum said with the cases consolidated, they would not be using Alcaide’s statements.