A hearing for the man now accused of second-degree murder from a DUI incident was assigned a new attorney during a court hearing Monday afternoon.
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The bail hearing for recently-incarcerated Joshua McCavitt was quickly derailed when defense attorney Bob Banning announced the Public Defender’s Office had a conflict of interest and would no longer be able to represent McCavitt.
Judge Douglas C. Phimister appointed Dain Weiner to take over. As such, the hearing on April 24 would be converted to a pre-preliminary hearing and the bail issue would be put over to a later hearing. Banning noted that he would turn all discovery of the case over to Weiner.
A hearing was also scheduled for May 1 at 1 p.m. for a contested pre-preliminary hearing.
McCavitt was allegedly 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 Subaru Legacy eastbound.
Both vehicles were flipped onto their roofs. Caldwell was pronounced dead at the scene. McCavitt pleaded no contest in February to an unrelated possession of marijuana for sale charge.