Two teenagers accused of shooting 20-year-old Wyatt Miller to death in the seat of his truck last November appeared again in court Monday morning.
Arthur Eric Magana and Gustavo Olivo, both charged with first-degree murder and armed robbery, are preparing for an April trial. Judge Kevin White heard from the teens’ attorneys on the possibility of a settlement conference.
“We were advised by email by the County Attorney’s Office that they had staffed the case and that no plea offer would be coming,” said James Soslowsky, Magana’s attorney.
Attorney John Schaus, representing Olivo, told White his client might be open to resolving the case, “but there isn’t an offer (from the state) right now.”
White asked the state to clarify whether it would make an offer – or accept offers from the defendants – by the next court date on Dec. 11. White also addressed apparent problems behind the scenes between Olivo and Schaus.
In September, Olivo motioned the court for “substitution of attorney on grounds of ineffective assistance of counsel.”
During that hearing, White delayed the motion and encouraged Schaus to have “meaningful communication” with his client before the next court date. Olivo told White Monday morning he was withdrawing his motion to excuse his attorney.
“At this point, we are working with the client,” Schauss said.
Moving forward, White is expected to see motions from both attorneys come across his desk in the coming days.
Schauss said he filed a motion Friday regarding the cost of heavy administrative duties his office is tasked with to prepare for trial. In the motion, Schauss said he is asking permission from the court to print black-and-white photocopies of discovery, including photographs and Facebook communications.
“It’s just too much of a task on my copy machine at the office, so I have to go to Kinko’s or Staples to do that,” Shauss said.
Soslowsky said he will also file a motion “regarding my client’s statements to law enforcement.”
White told the defense he would prefer to see those matters addressed in court at least 60 days prior to trial.
The next hearing for Olivo and Magana will be Dec. 11 at 9 a.m.