x
Breaking News
More () »

NAU shooting retrial delayed for the fourth time

Two of Steven Jones' attorneys wanted it pushed back because the State Bar of Arizona is reviewing a conflict of interest allegation against them.

FLAGSTAFF, Ariz. (AP) - The trial for a former Northern Arizona University student charged in a fatal shooting won't start in July.

A judge granted a request Thursday, from attorneys for Steven Jones to delay it, but didn't immediately set a new date.

RELATED: NAU shooting witness dies before retrial

Two of Jones' attorneys wanted it pushed back because the State Bar of Arizona is reviewing a conflict of interest allegation against them. The investigation could take up to eight months.

The defendant’s third attorney, Burges McCowan, has gone on record saying he doesn’t feel confident trying the case alone.

Coconino County Superior Court Judge Dan Slayton said he didn’t only have to work to balance the rights of the victims and the defendant in his decision, but also the effect it could have in opening up the possibility for yet another retrial. Slayton explained to the courtroom Thursday morning that if the second retrial started in July as originally scheduled and the State Bar’s decision forced Jones’s new attorneys to withdraw, there may be a third retrial for an ineffective assistance of counsel claim.

Prosecutor Ammon Barker urged the judge to consider the victims' rights to a speedy trial.

"To wrangle those witnesses and make sure that their memories are sharp and that they … have the same emotion involved that they did the first time is a difficult strain. It’s a strain on the state’s case," Barker said.

Letters written by Brough’s parents and one of the surviving victims were read to the courtroom Thursday, by their private attorney, Louis Diesel.

Letter from Doug and Claudia Brough:

Good Morning Your Honor,

Let me start off by saying today is Colin’s 23rd birthday, but as we all know he will not be here to celebrate it with us.

An 18 year old kid that was given a gun and ammunition to go away to college by his parents, took our son’s life and injured 3 other friends.

So every morning I wake up wondering if my other boys are OK, because that is how we found out what happened to Colin, and the other 3 boys, a call none of you including you, your honor, ever want to get. That is how I now live my life.

This tragedy has now affected another family, the Acevedo’s, one of Colin’s good friends who committed suicide a few months ago. The devastation caused by the shooter has affected so many families, and rips a hole in all of our hearts, a hole that can never be repaired.

I lost both of my parents in the last 6 months, and they never got to see Colin, before they passed, they didn’t get to see him walk across the stage as a college graduate, it would have been the first Brough to do so, so every minute of every day, this tragedy goes through our minds.

Through all of this the shooter has had all the rights, but little did I know that we as victims have rights as well, as Mr. Barker accurately pointed out in his response to the defendant’s attorney’s request. When do we get our rights your Honor. This case has been postponed for some reasonable request’s but not this one, the shooter has an attorney,

Mr. McGowan, he doesn’t have the right to have 3 attorney’s. I thought he was indigent? You have given him every right possible under the law now give us ours. The prosecutor’s office have given you all the case law that is needed, start this trial as scheduled and let’s have justice be served, not only for us, not only for the 3 boys that were shot, but for Colin who is no longer with us.

Letter from Nick Prato:

Dear Honorable Judge Slayton,

​On October 9, 2015 the unimaginable happened. My life would be changed forever because of a student’s decision to go to his car and retrieve a gun, come back and start shooting unarmed students on the NAU campus. There would be eventually 5 victims, one most recently lost to suicide.

​The defense, is currently under investigation by the AZ Bar for unethical conduct related to their previous attorney/client relationship with a victim and asking for another continuance. This delay request is purely for their own purposes and their delay request is self-serving. The defense was aware of this investigation in February and is purposely causing a further delay of trial. The defense should not be representing the shooter in this case. If another continuance is granted, it will be the fourth time the court grants the person who shot me and three others continued freedom. Allowing Jones more time at home instead of facing his victims and a jury in a court of law continues the delay and shows favoritism towards the accused.

​Another delay of this trial would, if granted, continue this nightmare for almost three years. In the words of Reverend Martin Luther King, “Justice too long delayed is justice denied.” There is the right to a speedy trial, not only for the accused, but for the victims as well. This right seems to be unimportant as the right of the defendant has outweighed the rights of the victims from my perspective.

​Delaying this trial again will not only continue hampering my emotional ability to heal, it also puts a strain on my career in requesting time off work to travel and appear for testimony again and again. Trying to make a living and my need to support myself will be further complicated by this delay, if granted.

​I feel as though the delays in this case are intended to further skew this trial away from fairness and the standard that justice should be held to. These motions for delay seem intentional to attempt to create a loss of memory and a loss of passion for all of the victims involved. I truly believe all the victims, friends, and families deserve to finally have this horrible and evil event to be cleared from our hearts and minds.

​There is another deeper concern, that is the lasting impression this case leaves on all of us regarding the justice system. Another delay will make it clear to others that it is acceptable to bring a gun on a university campus and shoot people with no repercussions aside from house arrest. This is not the right message for the court to leave on young people. Students, recent graduates, and the public are watching and listening sir. We deserve the right to a speedy trial. Please do not grant this delay again. Give students like myself justice and restore faith in the justice system in Flagstaff.

The written statements weren’t enough to convince the judge to not grant the defense’s motion to continue.

“As much as it pains me, and as much as I know everyone wants to get this case to trial, I’m granting the motion to continue,” Slayton said.

Immediately after his decision, Claudia Brough, the deceased victim’s mother who appeared in court telephonically, was heard over the phone saying, “Of course.”

After asking who was speaking and Mrs. Brough identified herself, Slayton said, “Alright, Mrs. Brough, I want you to remain silent or I will not allow you to appear telephonically. That is inappropriate for you to make those comments.”

Diesel told 12 News via a phone message that his clients—the Broughs and two of the survivors, Nick Piring and Nick Prato—were not interested in an interview Thursday. Diesel wrote:

Obviously my clients are extremely disappointed in the fourth postponement of this trial. Today would’ve been Colin’s 23rd birthday. While extremely upset with the court’s ruling, the victims will continue to fight for justice in the senseless shooting of these four unarmed NAU students. They will never stop until justice is finally served.

The judge's decision marks the fourth delay in Jones' retrial. A jury in his first trial deadlocked on murder and other charges.

Jones maintains he acted in self-defense when he killed Colin Brough and wounded the three other students on the Flagstaff campus on October 9, 2015.

Prosecutors say Jones was the aggressor.

Judge Slayton asked the attorneys Thursday, to meet with his judicial assistant to schedule a new retrial date.

The Associated Press contributed to this report.

Before You Leave, Check This Out