BISBEE — A U.S. District judge postponed the trial for a man charged with assaulting a U.S. Border Patrol agent who shot his dog in Bisbee Junction on April 10.
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He felt threatened and shot one of the dogs. The dog survived.
The trial was scheduled for Jan. 15, but that date has been reset for March 18, according to an order by Judge David C. Bury dated Wednesday.
The change of plea deadline is Feb. 29. Motions to continue the trial or change of plea hearing deadline must be filed by March 10.
Matthew Green, the attorney representing Nelson, filed a motion Wednesday seeking to continue the trial for a period of no less than 60 days.
The additional time will let his client consult with him to discuss specific terms of a plea agreement and the benefits and risks of proceeding to trial.
“Although the prosecutor and defense counsel are optimistic that this case will be resolved by plea agreement, should this case proceed to trial, additional time will be required to prepare defendant’s case and to prepare the defendant to testify,” he says.
Also, Green says, the continuance is necessary because a discovery motion argued on Nov. 7 before a magistrate judge is still pending resolution.
David Flannigan, assistant U.S. attorney, did not object to the request for continuance, according to the motion.
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