EL CENTRO - A local man found guilty of murder was supposed to be sentenced at Imperial County Superior Court on Thursday morning, but that sentence proceeding was put on hold.
Gerardo Montes was set to appear before Judge Poli Flores Jr. for his sentencing on the murder of Yuma resident Adrian Chee, instead the District Attorney's Office asked for a continuance in the trial.
The reason for the District Attorney's decision to call for a continuance came on the heels of Montes' attorney, Veronica Henderson's decision to call for a mistrial.
"We have filed a motion for a new trial", says Henderson. We did learn that there was a very egregious juror misconduct that occurred. My client's constitutional rights were violated so we've asked for a new trial and believe were gonna get one".
The district attorney's office says that the stipulations behind the motion for a new trial from the defense are just not true
"The defense filed a motion for a new trial alleging that there was juror misconduct", says District Attorney, Marcos Nuñez. "I am filing an opposition to that motion. We maintain that there was absolutely no jury misconduct. We've made contact with all 12 jurors and we're gonna submit our opposition along with those jurors' declaration to the judge for his review for next Thursday".
It's been over 2 years since the body of Yuma resident Adrian Chee was found lifeless in a field south of the Quechan Indian Reservation; the cause of death, two gunshot wounds.
Two other people have been linked to the murder… Melissa Barraza pleaded guilty to being an accessory to murder. She was released after serving time.
Ernesto Valera is the other. He is the one that Montes says was the trigger man.
Henderson maintains that her client is innocent of the murder charge. She says that the man that is guilty of murdering Chee is out in the streets.
Henderson says that the continuance came at the right time.
"I need time to go over it with my client should it proceed to sentencing. We were ok with a brief continuance for that purpose".
If the judge denies the motion for a new trial, Montes faces 50 years to life in prison.
He is due back in court on November 1st.
Email Alert Sign Up
Sign up here to receive breaking news stories from KSWT.com and morning updates to your email inbox.
Daisy Cortes was in court earlier this week through her attorney asked for her bond to be reduced. According to published reports her attorney reported to the court that Ms. Cortes was unaware of her fathersMore >>
Daughter of suspected gunman has day in courtMore >>
The most haunted island on earth is a small island right off the coast of Venice, Italy called ‘The Island Of Poveglia. It's beautiful and deserted but it was also a body dumping ground a few hundred yearsMore >>
Spacious Island for sale; includes hotel. May need exorcism. More >>
Living in the desert southwest it's not uncommon to here our military doing what they do best. Just in case; don't be alarmed if you hear low flying aircrafts and jets flying by. This week alone you'llMore >>
Jesus Hernandez-Carlon stood before a judge to be formally charged; Carlon was arrested Monday night after a witness identified him as the man who robbed him at gun point outside a Yuma restaurant. AccordingMore >>
Man suspected of robbing someone at gun-point outside a Yuma restaurant was in court. More >>
YUMA, Ariz. (13 On Your Side) - Yuma police say a dead woman was found in a car parked at Food City on 8th Street on Tuesday night, at around 6:20 p.m. Police are investigating her cause of death andMore >>
Yuma police are investigating the death of a woman who was found in a parked car Tuesday night.More >>
Mexicali--Mexican police found a partially constructed drug tunnel near the U.S. border in Mexicali. Police said the tunnel was presumably being built by drug traffickers. Mexicali's police chief saidMore >>
Mexican police found a partially constructed drug tunnel near the U.S. border in Mexicali. More >>