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A plea hearing for the two men arrested in connection with an attempted execution-style shooting in Chandler was rescheduled Wednesday as their attorneys prepare for trial and one suspect considers a new plea agreement.
Matthew Smith, 27, and James Summers-Smith, 25, appeared in district court before Judge Lynette Wenner, who also said she plans to issue written rulings on several motions filed by their attorneys ahead of their next court appearance, Feb. 16.
Smith and Summers-Smith were arrested in June for their alleged involvement in two Fremont County shootings — one in Cañon City and another in Chandler, a rural area.
During the first shooting, which took place at the Cañon City home of Jeremy Jackson, 27, Smith allegedly shot Orville White Eyes, 47, in the chest. Both Jackson and Jacob Durand, 22, were present during the alleged shooting.
Afterward, Smith and Summers-Smith are accused of taking Jackson and Durand to a field in Chandler, allegedly, to kill them. Durand reportedly was shot in the leg and through the mouth, with a bullet coming out of his neck. Jackson was uninjured.
Smith is charged as the case's primary suspect, with two counts of attempted first-degree murder, two counts of second-degree kidnapping, two counts of aggravated intimidation of a witness or victim and possession of a weapon by a previous offender.
Charged as the case's accomplice, Summers-Smith faces with two counts of attempted first-degree murder, two counts of second-degree kidnapping and two counts of aggravated intimidation of a witness or victim.
Both suspects pleaded not guilty.
Deputy District Attorney Amy Wren said she extended a new plea offer to Summers-Smith last week. His attorney, Riley Selleck, said they are reviewing the offer but will still prepare for trial if he doesn't accept the agreement.
As part of the preparation, Selleck filed several motions, including one to suppress evidence in search and arrest warrants.
In court Wednesday, Selleck argued that statements made by Jackson, one of the victims, were misrepresented in an arrest affidavit authored by Fremont County Sheriff's Office Detective Dale King.
Selleck pointed out one line in particular in the affidavit.
"While M. (Matthew) Smith made Durand and Jackson cross a barbed wire fence and walk into a field, J. (James) Summers-Smith was moving the truck so the headlights were shining in the field where they were walking," the affidavit said. "J. Summers-Smith then got back out of the vehicle and came into the field."
Selleck said those sentences are "crucial" because, he added, they indicate that Summers-Smith was complicit in the alleged crime.
During the course of the recorded interview between King and Jackson, Selleck argued that Jackson did not directly say that, but instead indicated that the driver could have been Smith, though he was "pretty sure" it was Summers-Smith.
"What really amounted to the arrest was very ambiguous and non-committal," Selleck said, adding that he thinks King wanted to make sure Smith and Summers-Smith were in custody to prevent possible retaliation toward Jackson and Durand.
Wren disagreed with that claim, pointing to several statements in the affidavit that, she said, showed this wasn't the case. She also said it's common for detectives to summarize lengthy interviews when they write affidavits, so the exact words would not necessarily be represented in the report.
To make a decision on the motion, Wenner said she plans to review Jackson's interview, which clocked in at three hours. She also is considering other motions presented in court Jan. 19.
Selleck and Smith's attorney, Diana Bull, said Wednesday it's unlikely that they will be ready for trial by March 5, the current start date. Both attorneys indicated that they might file motions to move the trial to a later date.
Sara Knuth: 719-276-7644, knuths@canoncitydailyrecord.com
