The trial for one of the six men accused of being involved with the stabbing and beating of a Hutchinson man last year is in recess until Wednesday afternoon. That’s because the states last witness in the case against Troy Bell apparently lives out of state won’t be available until Wednesday afternoon.
Bell is charged of attempted first degree murder, aggravated battery, aggravated assault with a deadly weapon and aggravated burglary for the incident.
The state tried to get a co-defendant to testify during the Tuesday afternoon session of the trial, but Desmund Cantu who has already been convicted and sentenced in the case was less then cooperative. Apparently the state had to have Cantu review the video statements he made to police. But, when called to the stand, he asked Judge Tim Chambers what would happen if he refused to testify? The judge told him that he would order him to. He then asked, “what if I still refuse?” the judge told him, “I would find you in contempt.” The judge then asked him if he would testify and he said he would.
The state then asked him who he was with on the night of February 18, 2013. He told Senior Assistant District Attorney Steve Maxwell he couldn’t remember. The prosecutor then asked if he reviewed his video statements to police. He indicated that he had but claims everything he said during that interview was a lie.
Defense Attorney Greg Meredith then asked him about his memory of that night. He told the attorney that he couldn’t remember anything. He said he had total memory loss because he had been under the influence of alcohol and drugs.
The state then indicated they wanted to introduce his video statements into evidence, but the defense objected. The judge sustained the objection and told the jury to disregard everything Cantu stated in court.
The attack on Payne took place back on February 18, 2013, when the six men allegedly went to the home, broke in and physically attacked and stabbed the victim numerous times in the leg and torso. This at a home at 633 East 4th.
The state has one more witness tomorrow, then there is some indication that the defense may call a co-defendant of their own, that being Sean Arevalo- Mendoza.
Others accused of being involved in the attack include John Cantu, Jordon and Joseph LeShore, Arevalo-Mendoza and Desmund Cantu.
As we mentioned, Desmund Cantu has already been convicted and is serving 7-years, while Joseph LeShore was recently allowed to withdraw his plea to attempted 2nd degree murder and will now face trial on a charge of attempted 1st degree murder as well as other charges.