Grand jury increases murder charges

By Jonathon Shacat
Wick News Service
Published/Last Modified on Wednesday, August 26, 2009 3:32 PM MDT


BISBEE — A man charged with murdering two men is facing two counts of first-degree murder as a result of a new indictment in Cochise County Superior Court.


Darryl Howard Chenowth was originally indicted Jan. 22 on charges of first-degree murder in the death of Leonardo Rivera, 20, and second-degree murder in the death of Thomas Rand, 44.

In July, defense attorney Clarence Jenkins requested a new determination of probable cause because certain information was not properly presented to the grand jury.

Later that month, Division 3 Judge Wallace Hoggatt agreed with the defense’s argument and decided to remand the case to a different grand jury.

Chenowth was indicted on Aug. 13 for first-degree murder of Rivera and first-degree murder of Rand. He entered pleas of not guilty for both counts during an arraignment hearing on Monday in Division 6 court.

On Monday, Judge Donna Beumler confirmed a trial date of Oct. 26. She said attorneys should file a motion if they want to set a pre-trial conference.

The incident took place Jan. 11 near the defendant’s home in McNeal after he shot Rivera’s dog. Chenowth claims he acted in self-defense after Rand hit him with a wheelbarrow handle and after he believed Rivera intended to hit him with a similar stick.

 

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