Judge rules trial to start against alleged shooterThe trial of a Superior man accused of shooting at his roommate is slated to begin Thursday in Douglas County Circuit Court, despite two attempts by the defense to have the charges dismissed.
By: Maria Lockwood, Superior Telegram
The trial of a Superior man accused of shooting at his roommate is slated to begin Thursday in Douglas County Circuit Court, despite two attempts by the defense to have the charges dismissed.
Tyler James Stubblefield, 25, faces felony counts of first-degree reckless endangerment and attempted first-degree intentional homicide stemming from a July 22 incident. Both counts are charged as domestic abuse.
Stubblefield is accused of leveling two shotgun blasts at his roommate following an argument about finances. He had been drinking prior to the incident, according to the criminal complaint.
Defense attorney Rick Gondik has twice tried to get the charges against Stubblefield dismissed. At a preliminary hearing in August, he asked the attempted homicide charge be dismissed due to lack of evidence. The motion was denied by Court Commissioner Rebecca Lovejoy. Circuit Court Judge George Glonek denied a similar motion earlier this month.
A number of pretrial motions were dealt with during Tuesday’s hearing.
Gondik requested the court exclude any blood alcohol evidence collected from his client at the trial, as well as any photographs taken of the guns, knives and swords in Stubblefield’s bedroom at the time of the incident.
District Attorney Dan Blank argued the pictures show the overall circumstances, although the shots were not fired in that room. He also noted the blood alcohol result had just been received that morning, showing Stubblefield had a blood alcohol concentration of 0.229, nearly three times the legal limit to drive. Blank said he did not intend to introduce the evidence at trial.
The judge ruled the photographs could be entered as evidence. There was no need for a ruling on the blood alcohol result as Blank was not planning to introduce it.
Gondik then told the judge that he may want to include the blood alcohol evidence. He asked for a continuance of the trial to make a decision.
“I would like at least one night to sleep on it,” he said, with his client facing a maximum of 77½ years in prison if convicted.
Glonek denied the motion, stating that, with the trial two days away, Gondik did have a night to sleep on it.
“At this point, I am not inclined to granting a continuance of the trial,” the judge said.
He also denied Blank’s motion to enter into evidence a police report and related testimony regarding a June 9 incident in which Stubblefield is accused of arguing with a different roommate and threatening to “kick his ass” or “kill him.”
A number of other questions — including the identity of a witness listed only as J.T. by the state and the lack of address for another witness — were also addressed.