Lawyer’s absence delays DUI case

By From page A5 | March 15, 2013

A man accused of DUI-related vehicular manslaughter appeared without a lawyer Wednesday to continue his case to another date.

Joshua McCavitt, 31, appeared representing himself at a pre-preliminary hearing, asking Judge Douglas C. Phimister to continue the hearing by 30 days. He explained that his retained lawyer, who had not yet appeared in court, was tied up in a Sacramento trial.

The hearing had already been continued multiple times due to a lack of a lawyer appearing for McCavitt, Phimister said, so he appointed the Public Defender’s Office to represent the man, if only temporarily. He then assigned the hearing to April 8 at 1 p.m. and a preliminary hearing for April 10.

“It is not my intention to fire your lawyer,” Phimister said in closing, “but to get you a lawyer.”

McCavitt had allegedly been driving his 1999 Chevy Silverado westbound on Pony Express Trail at 10:14 p.m. on Sept. 13, 2012, when he crossed the yellow line of a curve into the path of Denise Caldwell, 50, of Camino, driving a 2012 Suburu Legacy eastbound on Pony Express. Both vehicles were flipped onto their roofs. Caldwell was pronounced dead at the scene.

Cole Mayer

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