Shooting trial date delayed again

CLOVIS — Uncertainty about an expert witness led to a second continuance Monday for a man accused of a fatal shooting 16 months ago.

Darryl Turner, 31, is now scheduled to be tried Feb. 25-March 1 for second-degree murder in the Sept. 5, 2017, death of David McDonald after District Judge Matt Chandler allowed the continuance.

The trial was initially set to begin Monday with jury selection. Turner, indicted in May on the charge, was first scheduled for trial last September, but the trial was continued due to additional discovery needs.

Public Defender Ibukun Adepoju said she has sent an agreement and case information to a person she hopes will be an expert witness in the case.

“It’s very vital to the defense’s case,” Adepoju said.

However, the potential witness has not confirmed receiving the case information or accepting the offer, and Adepoju doubts a report would be available in time for prosecution to adequately review in time for trial. Adepoju conceded the delay would be held against the defense should Turner’s right to a speedy trial be considered down the road.

Chief Deputy District Attorney Brian Stover said the state was ready to prosecute the case, but felt the defense’s request was in line and noted Adepoju has consistently updated him on her efforts.

“If she got me a report (this week), there’s no way I could synthesize it and be ready for trial next week,” Stover said. “This is not something defense has brought up last-minute. In this case, I believe the diligence is there and this is a reasonable delay.”

Chandler scheduled a 9 a.m. Feb. 19 docket call and both sides agreed to the following deadlines:

• Monday for defense disclosure of the expert witness

• Jan. 18 for disclosure of the expert witness report

• Jan. 25 for the prosecution to disclose an expert witness, should it determine one is needed to refute the defense’s expert witness

• 4 p.m. Feb. 18 for a plea deal

McDonald, 30, died less than two hours after a caller reported hearing gunshots on the 1000 block of Martin Luther King Jr. Boulevard. Turner was arrested in February in Sacramento, California, and has been at the Curry County Detention Center since being extradited in April.