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.
Thank you for reading the MtDemocrat.com digital edition. In order to continue reading this story please choose one of the following options.
If you are a current subscriber and wish to obtain access to MtDemocrat.com, please select the Subscriber Verification option below. If you already have a login, please select "Login" at the lower right corner of this box.
Special Introductory Offer
For a short time we will be offering a discount to those who call us in order to obtain access to MtDemocrat.com and start your print subscription. Our customer support team will be standing by Monday through Friday, 8am to 5pm to assist you.
If you are not a current subscriber and wish not to take advantage of our special introductory offer, please select the $12 monthly option below to obtain access to MtDemocrat.com and start your online subscription
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.