Jury trial set in Bandon bar shooting case
By Jessica Musicar, Staff Writer
Tuesday, August 26, 2008 |
COQUILLE — The man accused of shooting a Bandon bartender, and then himself, is headed to trial in December.
His attorney may pursue a mental defect argument.
Without a mask to hide his disfigured face, Monte B. Callaway appeared in shackles before Judge Martin Stone on Monday, at the Coos County Courthouse for a change plea hearing.
Rather than altering his not-guilty plea, Callaway’s attorney, Ronald Cox, and District Attorney R. Paul Frasier agreed to hold a trial. With Stone’s help, they chose to hold an omnibus hearing at 1:30 p.m. Dec. 8, and a jury trial in the judge’s courtroom Dec. 9-12. Frasier said December was the earliest month he could hold the hearing as the 13 officers involved in the case all had prior vacation or schedule conflicts.
Frasier later said he has 20 to 30 witnesses lined up for the trial.
Callaway, 47, is charged with attempted murder, first-degree assault, second-degree assault, unlawful use of a weapon and three counts of recklessly endangering another. The charges stem from a Feb. 21 shooting at Lloyd’s of Bandon, in which Callaway and bartender Paul Conner each took a gun shot to the head.
Coos County District Attor-ney’s Office and court records state that Callaway entered the tavern armed with a shotgun and fired the gun at Conner, striking him in the head. Callaway turned the weapon on himself, shooting himself in the face. The pellets severely damaged Callaway’s face, causing him to undergo surgery.
A Bandon resident, Callaway spent a month in the hospital recovering from his wounds before being placed under house arrest. However, on June 25, police took him to jail after he was seen shopping at a Bandon market. He was released for a surgery, but was again arrested on Aug. 12 for violation of court order because he left the house. Officers took him to the Coos County jail and he’s remained there since.
Neither Conner nor his family members attended the hearing.
Following the court discussion Monday, Stone asked Callaway if he understood the proceedings. Callaway, his voice rough and harsh, asked for an explanation of an omnibus hearing.
Stone replied that any pre-trial issues, such as concerns about evidence, would be resolved at the hearing.
At Monday’s hearing, Frasier asked that if Cox decides to pursue a mental defect argument, that he file a notice by Sept. 8, so the DA has an opportunity to have the suspect evaluated. Cox agreed.
Following the decision, Callaway was remanded back into custody at the Coos County jail where he remains on $500,000 bail.
After the hearing, Cox would not disclose if Callaway had been evaluated by a psychologist working for the defense.
Frasier, in his office, said he has not seen a report from the defense regarding Callaway’s mental health.
“I’m entitled to have the defendant evaluated by a psychiatrist or psychologist of my choice,” Frasier said. “I want to have enough time, obviously, to get that done if they elect to do that.”
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