Gun near victim plays part in murder case against Maricopa teens

Two Maricopa teens were successful Monday in getting a judge to order the state to retain a gun found in a murder case against them.

Gustavo Olivo and Arthur Eric Magana are accused of first-degree murder in the death of Wyatt Miller on Nov. 7. Miller, 20, died of multiple gunshot wounds while seated in his truck at his home on Cardinal Road south of Maricopa.

Olivo and Magana are also charged with armed robbery.

They were before Superior Court Judge Kevin White Monday for a pretrial hearing. They are represented by separate counsel.

The night of the incident, gunshots were reported to the Pinal County Sheriff’s Office around 7:30 p.m. Miller was found shot to death in the Chevy truck. According to the early reports from PCSO, deputies followed footprints from the truck to a house on Oak Road, where they found Olivo, 17, and Magana, 16.

Investigators claimed Olivo and Magana were in the truck with Miller when they shot him, and then took some of his belongings and fled. The how and why of what happened in the truck is a point of argument between the prosecution and defense.

After the arrests of Olivo and Magana that night, the investigation of Miller’s truck uncovered a gun. Prosecutors have argued that weapon belonged to Miller’s father and was not used the night of the incident.

James Soslowsky, attorney for Magana, argued the weapon was within reach of the victim. He told Judge White the defense would like time to find a weapons expert or photograph the weapon before the state releases the gun from evidence.

White ordered the state to retain the gun for another 60 days. He also told both defense attorneys, “Time is of the essence,” as the case moves slowly toward trial.

Both Soslowsky and John Schaus, the attorney for Olivo, said it is likely the case will not go to trial until early 2018.

The next hearing for Olivo and Magana is April 17.