A first-degree murder case has been dismissed against a 37-year-old man accused of gunning down a Mexican man on the city's South Side last year.
Anthony Sanchez Bejarano was scheduled to go to trial today in the April 13 death of Sergio Morales-Galaviz, 21. But prosecutor Lewis Brandes asked Judge Richard Nichols Friday to dismiss the case so he can appeal one of Nichols' recent decisions to the Arizona Court of Appeals.
Nichols told Brandes he would not be allowed to call David Ellis to the stand to testify against Bejarano.
According to Tucson police, Morales-Galaviz and a friend were on their way to the store on April 13 when four men in an Infiniti sedan cut them off in the 900 block of West Hawaii Drive, near West Drexel Road and Interstate 19.
Morales-Galaviz and the friend jumped out of their vehicle and ran, but Morales-Galaviz was shot in the back and his friend was hit over the head.
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Bejarano and Juan Ortiz Diaz, 28, were arrested and charged with first-degree murder in the incident. According to police reports, detectives believe Bejarano was the driver of the Infiniti and Diaz was one of the passengers.
Brandes said Ellis, who was a back-seat passenger in the Infiniti, would have testified Morales-Galaviz was in trouble with Bejarano for stealing about half a pound of methamphetamine.
Nichols precluded Ellis' testimony at the request of defense attorney David Basham.
According to court documents, Basham said he didn't know until Feb. 8 that Brandes was going to offer Ellis, who is serving a prison sentence in an unrelated burglary case, a deal in exchange for his testimony.
Moreover, Basham said when he interviewed Ellis that same day, he learned information he believes needs to be investigated further so he can refute Ellis' testimony at trial.
Basham told Nichols 11 days wasn't enough time to conduct those investigations and he either wanted Ellis excluded as a witness or he wanted the trial delayed that was scheduled for today.
Brandes should have disclosed Ellis' deal earlier and made Ellis available for interviews earlier, too, Basham argued.
Nichols agreed with Basham and precluded Ellis' testimony, prompting Brandes' dismissal motion.
On Friday, Basham said he was pleased with the judge's decision.
"I'm very happy with the disposition of this case. I think it was just and fair under the circumstances," Basham said.
On Saturday, Brandes said he has 20 days to appeal Nichols' decision on Ellis. He said it's his belief Basham didn't need additional time to investigate Ellis.
Ellis gave Basham the same information he gave police, and Basham has had Ellis' police interview since Nov. 19, Brandes said.
Because Diaz is being tried separately from Bejarano, Ellis will be allowed to testify at Diaz's trial, Brandes said.
