New charges possible in drive-by shooting

MONTROSE — The latest charges sought against a drive-by shooting defendant were part of the reason his preliminary hearing was continued once again.

Rafael Arellano was accused more than two years ago of shooting up a car in which a man and woman were traveling.

Neither person was injured during that June 2006 incident, though the vehicle was struck several times. The car was shot again the next week; Arellano was not charged in connection with that incident.

Arellano was identified as a suspect and arrested months later in New Mexico. His attorney has since argued that gunshot residue evidence points to people other than his client.

Arellano was originally charged with attempted first-degree assault, which the district attorney’s office amended to two counts of attempted first-degree murder with deliberation-intent to kill a specific person, earlier this year.

These new charges entitled Arellano to a new preliminary hearing, at which a court considers whether there is sufficient evidence to proceed with a case.

But Wednesday, that hearing was delayed one more time because the state again moved to amend charges against Arellano.

The charges are still attempted murder, but a different subsection of statute that alleges Arellano acted with universal malice-extreme indifference, Deputy District Attorney Jerry Montgomery said.

The DA’s office continues investigating cases after charges are filed, he told the Daily Press after court. “This particular subsection fits the facts more accurately.”

Defense Attorney Willliam Richardson was given until June 25 to respond to the DA’s motion to amend the charges. After that, Montgomery will have until July 2 to rebut the response.

“It (the amended complaint) is pretty substantial and obviously, these are pretty serious charges,” District Judge Jeff Herron said during the hearing.

The continuance will allow the preliminary hearing and a motions hearing to be held at the same time. The motions hearing concerns whether the DA can use evidence of past actions to show an alleged motive on the part of Arellano.

These hearings were tentatively set for 10 a.m. July 15.

Arellano is free on a $250,000 bond.