Judge: No hearing to be held for man that attacked agent

By Jonathon Shacat
Wick News Service
Published/Last Modified on Saturday, April 12, 2008 3:06 PM MDT


BISBEE — An evidentiary hearing scheduled for Tuesday in U.S. District Court in Tucson will not be held for the case of a man who assaulted a Border Patrol agent who shot his dog in Bisbee Junction last year.


On April 10, 2007, agent Jeremy Poser responded to an activated sensor in a wash near Gil Nelson’s home and shot his dog. Nelson jumped on Poser’s neck, put him in a headlock and sprained a finger.

Nelson’s attorney, Matthew Green, filed a motion to dismiss the case for outrageous government conduct. He subpoenaed six Border Patrol agents, including Poser, to the evidentiary hearing.

David Flannigan, an assistant U.S. attorney, objected to holding the hearing and issuing the subpoenas.

During a status conference in Tucson on Wednesday, Magistrate Judge Bernardo Velasco decided to vacate the upcoming evidentiary hearing and voided the subpoenas.

On Friday, Green said he may appeal the judge’s decision.

Nelson’s trial is scheduled to start on June 3.

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