Trial could be delayed until fall in the case of jail guards charged in the death of pretrial defendant Quantez Burks in West Virginia’s Southern Regional Jail.
The trial of six officers implicated in the jail death at this point is set to start July 29 in Beckley.
Now, a lawyer for one of the guards, Mark Holdren, is asking for additional time to prepare. Another defendant, Ashley Toney, submitted a filing to indicate no objection to the delay request.
The lawyer for Holdren indicates the delay is necessary because of a large amount of evidence in the case, including surveillance videos, recorded interviews with potential witnesses and recorded phone calls. Holdren’s lawyer also wants time to prepare for expert witnesses who could be testifying against him.
“Mr. Holdren has been charged with six separate offenses, including two legally and factually distinct conspiracy counts and potentially faces being incarcerated for the remainder of his life. This matter also implicates a number of complex legal issues which are not routinely encountered in run of the mine criminal cases,” wrote the lawyer for Holdren.
“Mr. Holdren is therefore requesting at least an additional ninety days to prepare for this highly complex case involving a massive volume of discovery which places him in jeopardy of losing his freedom for life.”
Five former correctional officers — Holdren, Toney, Cory Snyder, Johnathan Walters and Jacob Boothe — have been charged in connection with an assault on Burks, identified in the court filing only by his initials.
All five corrections officers, as well as a former lieutenant, Chad Lester, were also charged for covering up the use of unlawful force.
The central allegation is that after Burks tried to push past a corrections officer and leave the jail’s C-pod, officers restrained him in handcuffs and beat him in an interview room. The indictment alleges the officers forcibly walked him to the interview room that was already occupied by an inmate, who was ordered to leave.
The officers then repeatedly struck and assaulted Burks, the indictment alleges, before forcibly walking him to another location known as the A-pod and he collapsed on the floor. Even after that, the indictment alleges, the beatings continued.
Two more corrections officers, Andrew Fleshman and Steven Nicholas Wimmer, last November pleaded guilty to conspiracy against the rights of citizens under federal code because of their actions in the death of Burks.
Fleshman and Wimmer had been scheduled for sentencing June 20 in U.S. District Court for the Southern District of West Virginia. Late last month, lawyers for Fleshman asked for a delay in the sentencing, saying
That motion notes that Fleshman had agreed to cooperate with prosecutors and to testify about what happened in the jail. The motion suggests it would make sense to sentence Fleshman after the trial of the other officers.
Now that trial could be moved to a later date.
This week’s filing by the attorney for Holdren indicates that in addition to the amount of evidence to comb through, the defense needs time to assess potential expert testimony. The filing indicates that could include forensic testimony “as to the injuries and cause of death of Quantez Burks.
More testimony could focus on training provided to corrections officers on use of force, defensive tactics and report writing.
“Mr. Holdren requires additional time to evaluate the anticipated testimony from these government witnesses and to obtain and consult with qualified experts to address the issues for which the government intends to offer opinion testimony,” wrote the lawyer for Holdren.
The attorney wrote that a delay of 90 days is not unreasonable.
“The government with its vast resources has had over two years to investigate the facts and prepare for these proceedings while Mr. Holdren is represented by a single appointed counsel who is a sole practitioner with far fewer resources and manpower than possessed by the government,” wrote his lawyer, David Schles of Charleston.