Serving Clovis, Portales and the Surrounding Communities
CLOVIS — On the eve of the first anniversary of the mass shooting for which he faces trial next year, Nathaniel Jouett appeared in court for a status conference.
Wearing the dark blue trappings of the Curry County Juvenile Detention Center where he has been held since Aug. 28 last year, 17-year old Jouett appeared calm during the short hearing Monday afternoon. He looked around only once, during a brief moment of loud lurching noises from nearby construction. For the most part, he stared ahead with a courtroom audience behind him that included victims, court staff and some of his family.
Presiding by video was 5th Judicial District Judge James Hudson, who dedicated much of the hearing to checking on progress toward the month-long trial scheduled for March next year in Roswell.
9th Judicial District Attorney Andrea Reeb and defense attorney Stephen Taylor both said they were almost done with discovery for the trial, save for a few witness interviews.
Taylor also said he still intended to file a motion to challenge the state’s “serious youthful offender” statute, which would amount to a half-day hearing yet to be scheduled. Jouett is being tried as an adult for the killing of two and gunshot injury of four others last summer, and faces life in prison if convicted of first-degree murder.
If Jouett is convicted of anything less than first-degree murder he will be eligible for an amenability hearing to determine if he can be treated until the age of 23 by the state’s Children, Youth and Families Department. Taylor’s goal with the pending motion is to make Jouett eligible for an amenability hearing even if he is convicted of first-degree murder.
“We would have an expert saying, based on what we know, no child should automatically be sentenced as an adult,” Taylor told The News. “We would like to see him not convicted of first-degree murder, but in the event that he is convicted ... we would be asking the court to still conduct an amenability hearing.”
Taylor said he was still in the process of securing state funding for an expert witness “to testify as to Nathan’s mental capacity,” arguing for his “incapacity to form deliberate intent for first-degree murder.”
Hudson gave Taylor a Sept. 28 deadline to disclose that witness, with witness reports to be submitted by the end of the month following.
Taylor said he would file the motion to challenge in the coming days.
Reeb told The News that the motion was expected, but she hadn’t personally seen it accepted across the state. Hudson would have to decide on it when the time came, she added.
As for any remaining issues, Taylor said there was only one: in the recent months subsequent to Jouett receiving local mental health treatment and medication prescription, it was only in the past week that his lawyers were confident he was receiving that medication.
“It seems like the therapy he is receiving is going well, the psychiatric therapy via telemedicine,” Taylor said in court. “Until about a week ago, he wasn’t getting the meds that he was prescribed ... that he was supposed to be getting as far back as May.”
Taylor said the issue was with Correct Care Solutions, Inc., the CCDC’s contract health care provider. Hudson asked Taylor to prepare a stipulated order to ensure Jouett continued receiving that medicine.
Reeb said the state had a couple of witness interviews to conduct Monday afternoon but otherwise “everything has been done or is in the process of being done.”
The next status conference is scheduled for 1:30 p.m. Oct. 30 in Curry County, with Hudson and Taylor to attend by video.