FAYETTEVILLE -- One of two men accused of shooting and wounding a 14-year-old boy in Springdale last year is asking the judge to bar the prosecution from referring to the boy as a "victim" at his coming trial.
Hector Torres Vega, 21, of Lowell pleaded not guilty in Washington County Circuit Court last July to attempted capital murder, being a felon in possession of a firearm and engaging in a continuing criminal gang, organization or enterprise. Vega's trial is set to begin July 13 in Circuit Judge Joanna Taylor's court.
Information
The name of the document, sometimes called a criminal complaint or petition, in which a prosecutor charges a defendant with a crime. The information tells the defendant what crime he is being charged with, as well as against whom and when the offense allegedly occurred. However, the prosecutor need not go into great detail. A defendant who wants more specifics must ask by way of a discovery request.
Source: nolo.com
"Allowing the state or its witnesses to refer to Joseph Garcia as a victim would improperly indicate to the jury that the prosecution has already shown, simply by filing the criminal information, that a crime has been committed in this case and that this defendant committed it, which is clearly not the law," according to the motion filed by Mike Roberson, Vega's attorney. "The jury will be likely to take the label of 'victim' as a proven fact when it is truly the fact upon which they themselves are to decide."
Roberson also argues use of the term would improperly shift the burden of proof to the defense to show the boy wasn't a victim.
Roberson filed a motion earlier this week asking the judge to prohibit any evidence of gang association or activities from Vega's trial because they could prejudice the jury against him.
Garcia had stopped his bicycle at a corner when a car drove up and a man with a gun, believed to be Vega, got out and approached him, according to court records. Garcia was shot twice and suffered wounds to his legs and left hand. Police found two .45-caliber shell casings at the scene.
Police believe Vega got out of a silver vehicle driven by Jose Yanez, 18, of Rogers and shot the teen. Witnesses said they saw the silver vehicle at both the shooting and at a fight minutes before at the nearby Kum & Go convenience store, 1010 N. Thompson St., according to police reports.
Police said the fight between two rival gangs and the shooting were related.
Roberson has also filed a motion to exclude evidence of the fight. The motion argues references to the fight would confuse and mislead jurors and said the state isn't alleging the boy was a participant in the fight or was even at the gas station when the fight occurred.
Yanez pleaded not guilty last July to accomplice to attempted capital murder, two counts of aggravated assault and engaging in a continuing criminal gang, organization or enterprise. He is awaiting trial.
Attempted capital murder is punishable by 10 to 40 years or life in prison. Vega and Yanez are being held at the Washington County Jail in lieu of $200,000 bond each.
NW News on 07/02/2016