BISBEE — A jury trial in Cochise County Superior Court is scheduled to start May 12 for a man charged with shooting his neighbor during a disagreement last summer in Elfrida.

Meanwhile, the defendant’s attorney wants prosecutors to charge the victim for firing guns and for owning other weapons while being a prohibited possessor.

Ronald Koch is charged with two counts of aggravated assault and three counts of endangerment. On Aug. 13, according to prosecutors, he fired a gun four times. Joshawa Liest was struck twice and three other people were endangered. The defense contends only two shots were fired.

Defense attorney Joseph DiRoberto filed a motion asking the court to order the prosecution to disclose which acts the defendant committed that constitute and support the two aggravated assault charges.

In a filing opposing the motion, Deputy County Attorney Roger Contreras states, “Defendant’s motion suggests that he assumes that since it was alleged that the defendant fired four shots, each count should correspond to a particular shot. However, it is clear from the statutes cited in the individual counts that defendant’s assumption is erroneous.”

During a pretrial hearing Friday, Judge Wallace Hoggatt said he is considering the motion and will make a ruling on it in the near future.

Hoggatt also scheduled a hearing for next Friday regarding a defense motion seeking to preclude the state from introducing into evidence at trial a blood-stained T-shirt found at the victim’s residence and the fact the defendant participated in gunfighting re-enactments in Tombstone.

In the motion, DiRoberto states the shirt has no relevance to the case and serves no purpose other than to inflame the jury against the defendant. But Contreras says the shirt is evidence because it was worn by the victim at the time of the shooting.

When Koch testified before a grand jury on Aug. 23, he said he told the victim, “I’m going to kill you,” in an attempt to prevent Liest from arming himself, which is something he used to do in gunfight re-enactments.

DiRoberto states that Koch’s involvement in gun fight re-enactments is not relevant to the case. But Contreras says the admission of the evidence is permitted because the defendant disclosed the information as part of his defense.

Hoggatt also tentatively scheduled a May 6 hearing for final discussion of the jury questionnaire.

Liest has said Koch’s actions came as a surprise and there was no reason for them. DiRoberto said Koch shot Liest in self-defense because Liest had been terrorizing him. According to DiRoberto, Liest had fired an assault rifle at night from his backyard.

In a letter to Capt. Mark Dannels of the Cochise County Sheriff’s Office, DiRoberto raises concerns that Liest should not possess or fire weapons because he was convicted of a felony in California for receiving stolen property in 1996. He adds there is no record that Liest successfully petitioned the court to restore his right to possess a firearm.

When asked during an interview Friday if Liest would be prosecuted, County Attorney Ed Rheinheimer declined to comment.

“The evidence already gathered by CCSO [Cochise County Sheriff’s Office] is overwhelming that Liest is guilty of being a ‘prohibited possessor.’ Liest should be prosecuted before he causes any more trouble to law-abiding citizens,” DiRoberto states in the letter.

On June 1, 2007, Paul Kostellic, a deputy with the Cochise County Sheriff’s Office, responded to Liest’s residence in the 3600 block of West Whitewater School Road in reference to a report of possible shots fired.

“Mr Liest said that yes, in the past he has done some shooting in a pit next to his residence, however, this a.m. he was beating on a motorcycle rim with a hammer. He said that he has a .22 caliber rifle and a .410 shotgun. I advised Mr. Liest not to shoot anymore at the residence as it is too close to other houses. Mr. Liest said that he would comply,” according to the incident narrative.

Then on Sept. 7, 2007, Michael Brock, a detective with the Cochise County Sheriff’s Office, called Liest regarding his investigation of the Aug. 13 shooting, according to a report. Liest told Brock he was not armed when Koch shot him. But he said he owns a .410 shotgun and a .22-caliber pistol.

“I next asked if he sometimes shoots into the field behind his house. He told me that he does. He said that it is over a mile to the nearest house in the direction that he shoots. I then asked if any of his friends ever come over to his house and shoots. He told me yes that sometimes a friend does come over and shoots with him,” according to the report.

In an interview with Wick News Service in December, Liest said he has never owned a gun. But he said some of his friends have brought guns to his house and they safely fired them on his property.