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Defendant Cody Evans' arrest warrant quashed
By Jonathan Clark/Wick Communications
BISBEE - A judge Monday threw out a bench warrant for a Willcox man who failed to appear at a pre-trial hearing last week at Cochise County Superior Court.
Delbert Cody Evans, charged with shooting a 14-year-old girl in the back during a prank in February 2006, was scheduled to appear at a pre-trial hearing on July 16.
When neither Evans nor defense attorney Charles Weninger showed up for the proceeding, Judge James Conlogue issued a warrant ordering the Cochise County Sheriff's Office to arrest Evans, who had previously been required to attend all hearings in the case. Evans was never arrested.
On July 17, Weninger filed a motion asking Conlogue to quash the warrant on the grounds that Weninger and his staff had "made a serious mistake" and forgot to note the hearing on his calendar. When the Cochise County Attorney's Office did not object to the motion, Conlogue threw out the warrant.
Evans, 32, is charged with aggravated assault with a deadly weapon, assault, and five counts of endangerment. He says that he shot the girl in self-defense, believing that she was a man who had previously threatened him and his family.
His trial is set to begin Aug. 28.
Sierra Vista Herald/Bisbee Review reporter Jonathan Clark can be reached at (520) 515-4693 or by e-mail at jonathan.clark@bisbeereview.net
Delbert Cody Evans, charged with shooting a 14-year-old girl in the back during a prank in February 2006, was scheduled to appear at a pre-trial hearing on July 16.
When neither Evans nor defense attorney Charles Weninger showed up for the proceeding, Judge James Conlogue issued a warrant ordering the Cochise County Sheriff's Office to arrest Evans, who had previously been required to attend all hearings in the case. Evans was never arrested.
On July 17, Weninger filed a motion asking Conlogue to quash the warrant on the grounds that Weninger and his staff had "made a serious mistake" and forgot to note the hearing on his calendar. When the Cochise County Attorney's Office did not object to the motion, Conlogue threw out the warrant.
Evans, 32, is charged with aggravated assault with a deadly weapon, assault, and five counts of endangerment. He says that he shot the girl in self-defense, believing that she was a man who had previously threatened him and his family.
His trial is set to begin Aug. 28.
Sierra Vista Herald/Bisbee Review reporter Jonathan Clark can be reached at (520) 515-4693 or by e-mail at jonathan.clark@bisbeereview.net
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