One of six defendants charged in an attempted murder case from earlier this year will get a new preliminary hearing, after the state made the request saying they have new evidence showing premeditation.
Senior Assistant District Attorney Steve Maxwell told District Judge Tim Chambers that they now have evidence against John Robert Cantu that will show premeditation that those involved new what they were going to do when they went to the home of Jeffrey Payne and beat and stabbed him numerous times.
Cantu’s attorney, Sam Kepfield objected saying he believes the state has already had a chance and called it “selective prosecution.”
The state had amended the complaint against Cantu after it was clear at an earlier hearing that Judge Tim Chambers would dismiss the attempted first degree murder charge. The defense had asked for most if not all the charges be dropped because what they believed was the limited involvement of Cantu in the case. Judge Chambers had earlier denied the request to drop the other charges and Maxwell said he would amend the first count of attempted 1st degree murder to attempted 2nd degree murder under the theory of aiding and abetting.
Judge Tim Chambers granted the states request and sent the case back to Division III, for a new preliminary hearing. However, the trial is still scheduled to begin on January 28, and Judge Chambers wants the new hearing completed in time for the trial to begin.
Cantu along with Jordon and Joseph LeShore, Desmund Cantu, Sean Arevalo-Mendoza and Troy Bell are accused with the beating and stabbing of Jeffrey Payne on February 18, of this year. They allegedly broke into his home and stabbed him numerous times in the leg and torso.