BISBEE — A Cochise County Superior Court judge is considering a motion by an accused murderer who is asking for a new determination of probable cause.
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The incident took place Jan. 11 near the defendant’s home in McNeal after he shot Rivera’s dog. Rand struck Chenowth in the knee with a wheelbarrow handle, so Chenowth fatally shot him, authorities said.
Then Chenowth thought Rivera was going to hit him, so he fired and killed him, authorities said.
Attorneys representing the prosecution and defense filed written documents on whether the case should be remanded to a grand jury.
They also argued their points verbally during a hearing Wednesday in Division 3 court.
Defense attorney Clarence Jenkins argued the defendant’s due-process rights were violated due to misleading testimony and material omissions to a grand jury on Jan. 22.
For example, Julia Davis, a detective with the Cochise County Sheriff’s Office, told the grand jurors she doesn’t think Chenowth’s injuries were consistent with his account of the incident.
Jenkins pointed out Davis is not a qualified medical expert and her personal opinion would not be admissible in court. But Marc Offenhartz, deputy county attorney, said she simply testified about what she observed, and her statements were merely her opinion.
Also, Jenkins said Davis misrepresented the facts when she told the grand jury Rand died from a gunshot wound to the back of his head.
He pointed out the wound was on the right side of his neck. Offenhartz argued that Davis testified accurately regarding Rand’s injuries and she did not mislead the grand jurors.
In addition, Jenkins said Davis knew Chenowth felt threatened by Rand and Rivera but she did not inform the grand jury of it. But Offenhartz pointed out Davis testified she did not recall if Chenowth felt threatened, but she acknowledged he may have reported it.
Judge Wallace Hoggatt took the matter under advisement. He said he wants to review some materials before issuing a written order by next Wednesday.
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