Motion denied in homicide case
The court rejected a defense argument to disqualify the district attorney from prosecuting a woman charged with vehicular homicide.
At a motion’s hearing this week, public defender Katie Whitney argued for a special prosecutor to be appointed, citing inconsistent testimony during a preliminary hearing in August. Assistant District Attorney Sean Murray countered, stating that the Whitney failed to provide any evidence to back her assertions.
Chief District Court Judge Doug Walker agreed with Murray, dismissing the defense motion.
Whitney’s client, Rowena Yanito, 33, of Bluff, Utah, is scheduled for trial in January. She’s charged with multiple counts of vehicular homicide, assault and DUI stemming from a fiery head-on collision along the 6800 block of County Road G in December 2014. A mother of three, Yanito remains in custody under a $75,000 bond.
According to the Colorado State Patrol, Yanito was driving close to 80 mph when she crossed a double yellow line in a curve causing the deadly accident. Yvonne Padilla, 40, and Gerald Padilla, 36, were both killed and three others seriously injured.
A toxicology report revealed that Yanito was more than three times over the legal limit when tested for alcohol two hours after the accident.
According to authorities, a charred keg of beer was found inside Yanito’s burned out automobile.
Defendant sentenced in domestic violence
In custody, Sheldon Shorty, 24, of Cortez, was sentenced to three years in prison after pleading guilty to felony menacing as an act of domestic violence.
Court records reveal the alleged 20-year-old victim was punched in the face, head butted and kicked in the ribs inside her South Madison Street home on Oct. 5, 2014. Multiple protection order violations, burglary and assault charges were dismissed as a result of a plea deal.
Trial set for Cortez man in drug case
Out of custody at an arraignment hearing on a $2,000 bond, Robert Hanson, 48, of Cortez, pleaded not guilty to drug possession and unlawful use of a controlled substance charges stemming from an arrest on July 9. He also pleaded not guilty to burglary, drug possession, violating protection order and possession of drug paraphernalia charges stemming from an arrest on June 21. Expected to last four days, a jury trial was set for Feb. 1.
Competency at issue in menacing case
In custody on misdemeanor alcohol charges since Sept. 4, Clarence Carr, 52, of Cortez, had a scheduled arraignment hearing on two counts of felony menacing stemming from an incident in August postponed until November after a public defender requested a competency evaluation.
tbaker@the-journal.com