A five-day jury trial for a man accused of stabbing a Cortez police officer has been postponed until December.
The trial was scheduled to start Nov. 17, but public defender Amy R. Smith notified the court last week that she needed time to examine conflicting police testimony from a Make My Day proceeding earlier this month.
District Court Judge Todd Plewe granted the continuance after Shane French, 38, of Cortez, waived his right to a speedy trial. French allegedly stabbed officer Casey Eubanks on Valentine’s Day.
Last week, public defender Heather Little, also representing French, argued that evidence collected from the crime scene, including a 6-inch serrated knife and a ¾-inch paring knife, shouldn’t be allowed into evidence at trial. Little told Plewe that police didn’t have consent to enter her client’s home on the night in question, and his arrest was made without probable cause.
“We request the court suppress all the evidence,” said Little. Deputy District Attorney Matt Margeson argued the defendant’s mother called 911 requesting help at the North Texas Street residence, and French attacked Eubanks after police were allowed inside.
After a 15-minute recess, Plewe denied the suppression plea, saying there was “clear and convincing” evidence that police were responding to an emergency, which justified their entry into the home, and French ran toward the officer in a threatening manner, which gave probable cause to make an arrest.
The defense team objected to the ruling, but Plewe didn’t waiver.
“When I rule, I rule,” said Plewe.
At the Make My Day hearing on Oct. 17, it was revealed that police tasered French, who suffers from mental health issues, six times, including four times after he was handcuffed.
Eubanks previously testified that he vaguely remembers the night in question. Armed with a lapel-mounted camera, Eubanks captured the apprehension on video. At the end of the 10-minute recording, Eubanks stated, “I should have (expletive deleted) shot that (expletive deleted).”
The defendant’s mother, Patty French, previously testified that she called 911 in hopes that police could calm her son.
“We wanted a mental health hold,” she said at the Make My Day hearing. “We didn’t want an altercation with officers.”
Court records reveal Eubanks suffered a small stab wound to his left side.
French faces four counts of felony assault, five counts of resisting arrest and two counts for a crime of violence. He rejected a plea deal that would have included a 12-year prison sentence.
tbaker@cortezjournal.com