A Cortez women accused of killing a motorcyclist in a crash at Hawkins Street and East Main Street in March waived her right to a preliminary hearing in 22nd Judicial District Court on Thursday.
Shandine John, 33, is accused of vehicular homicide in connection with the death of Michael Burnison following a wreck downtown March 24 that occurred around 4 p.m., Cortez rush hour.
John also faces charges of driving under the influence of alcohol and a fourth charge of driving while her driver’s license was suspended for a separate alcohol-related offense tied to a DUI case that’s still pending.
John’s attorney Barrie Newberger King with the Colorado Alternate Defense Counsel waived her client’s right to a preliminary hearing and asked Chief District Judge Todd Plewe for additional time in the case.
Newberger King said no plea agreement has been formally offered by prosecutors, but discussions are underway. She added more time is needed to draft a mitigation report that could influence future negotiations.
“We have agreed to wave the preliminary hearing in order for our (Alternate Defense Counsel) social worker to continue mitigation work and eventually present it to Mr. Pierce and discuss a formal offer later,” Newberger King told the court Thursday.
Assistant District Attorney Justin Pierce said plea discussions have taken place and confirmed he has not yet extended an offer. He said he agreed additional time is necessary for the defense, but expressed concern about prolonging the case.
“I want her to be able to get this report done, but I also don’t want the case to linger on. However, the defendant is essentially being held without bond through the other case and a substantial bond in this case. She is in custody during this period,” he said.
According to the Alternate Defense Counsel, forensic social workers develop reports by gathering records and conducting witness interviews as supporting evidence to potentially mitigate sentences or some penalties in cases, which are presented either before a district attorney or judge.
“Frankly, judge, ADC really just has one social worker in this area, so we’re kind of up against that,” Newberger King said.
Plewe scheduled John’s next court appearance for July 14 where she is expected to enter a plea.
According to an arrest affidavit, the crash involved John’s pickup truck and Burnison’s motorcycle. Authorities say a REDDI (Report Every Dangerous Driver Immediately) caller reported two women appearing intoxicated while getting food at the Dairy Queen drive-thru on East Main Street. Police said they identified and arrested John at the scene.
John initially gave conflicting statements about driving before admitting to police she was driving the truck, the affidavit said.
Multiple 911 calls reported the crash, and bystanders who were medical professionals performed CPR before first responders arrived.
Reader Comments