Santistevan trial delayed again
Defense to attack alleged criminal intent
By GREG MOORE
Express Staff Writer
David Santistevan
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The attempted-murder trial of Bellevue resident David L. Santistevan, scheduled for Sept. 23, has been postponed for the third time, to an as-yet unspecified date.
Santistevan, 46, is accused of shooting Marshall Hooten, 19, in the abdomen, and Ty Peak, 15, in the buttock, as they rode an ATV on a Bellevue street last March. He has pleaded not guilty.
A substantial amount of physical evidence ties Santistevan to the shootings. However, statements made by defense attorney Keith Roark during a hearing in 5th District Court in Hailey on Thursday indicate that he will attempt to persuade jurors that his client lacked the necessary criminal intent to be found guilty of attempted murder.
The hearing was held to consider a motion by the prosecution to deny the introduction of a recently completed psychiatric report. The report?s author, Twin Falls psychiatrist Dr. Richard Worst, examined Santistevan in July. According to court minutes, the report states that Santistevan lacks the ability to act with discretion when faced with a stressful situation.
Blaine County Deputy Prosecuting Attorney Justin Whatcott argued that the defense had provided him with information about the report too close to the scheduled trial date. He made an alternative motion that the trial be continued, but pointed out that he had already subpoenaed 30 witnesses to testify on Sept. 23.
Judge Robert Elgee expressed annoyance with the late arrival of the report, but stated that the defense has a right to introduce it and concluded that he had no choice but to postpone the trial. He set a scheduling conference for Sept. 27. Whatcott suggested a trial date in early November.
Elgee told Roark that if the defense introduces the report as evidence, he would instruct jurors to consider aggravated battery as an alternative charge.
Both Peak and Hooten are recovering from their injuries. In an interview, Peak said he still has some numbness in his left leg, but is otherwise doing well. He said he is back at school, playing football and racing his BMX bike.
Hooten?s brother, Eric Heywood, said Hooten was released from intensive care at St. Alphonsus Regional Medical Center in Boise three weeks ago, and is now undergoing rehabilitation. He said his brother cannot yet walk due to loss of muscle in his legs, but that he is expected to make a full recovery.
