A battery trial for a man who already has been convicted of murder has been rescheduled for April.
A battery trial for a man who already has been convicted of murder has been rescheduled for April.
Matthew Astorga, 40, is awaiting trial for a charge of battery on a county corrections officer. The crime is alleged to have occurred July 15, 2014, at the Leavenworth County Jail.
Astorga is accused of spitting in the face of an officer at the jail.
Astorga already has been convicted of first-degree murder for the 2008 shooting of Ruben Rodriguez. Astorga is waiting to be re-sentenced in this case.
A hearing had been scheduled for Friday in Leavenworth County District Court to determine whether the battery case would go to trial Jan. 22 as previously scheduled.
Attorney Geoffrey Sonntag, who is representing Astorga in the battery case, said he had met with his client Thursday at the Leavenworth County Jail.
Sonntag said he had made some assumptions, noting that other attorneys have worked on the case in the past. But Sonntag said he learned Astorga had never reviewed the discovery evidence from the prosecution.
“So we went through all of that (Thursday),” Sonntag said.
The attorney said his client now has decisions to make regarding trial strategy.
Sonntag also said there are witnesses that he may not be able to subpoena in time for a Jan. 22 trial.
District Judge Gunnar Sundby rescheduled the trial for April 9.
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