The man now accused of second-degree murder after a DUI-related incident had hearings rescheduled in court Wednesday afternoon.
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Dain Weiner, newly-appointed defense counsel for Joshua McCavitt, noted that the Wednesday hearing, which was supposed to be a bail hearing, would need to be continued to May 6. As such, they would need to vacate a May 1 preliminary, which would be moved to June 19 with a pre-preliminary hearing on June 17, both at 1 p.m.
Judge Douglas C. Phimister approved the dates and asked if Weiner wanted the county Probation Department to do a bail study. Weiner answered he did, and Phimister ordered the study to be done.
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.