A murder trial that was scheduled to begin in Juneau court on Monday has been moved to January at the last minute.
Judge Louis Menendez granted a motion to continue the trial for defendant Ryan W. West in a hearing late Friday afternoon.
The trial was rescheduled for Jan. 8, 2013, to give the defense time to respond to a new report filed by one of the state’s expert witnesses. The report was received Friday morning at 11:28 a.m., one day before the trial.
West, 26, is charged with one count of second-degree murder for his involvement in a fatal car crash on Glacier Highway last summer that killed Gabriel Carte, 19. Prosecutors say West was driving the vehicle at the time, while the defense maintains he was not.
West’s attorney, public defender David Seid, requested the short continuance after his office received a supplemental report from Charles R. Lewis, an expert in traffic accident reconstruction. Lewis is an employee of TechRecon, Inc., in Port Orchard, Wash.
Lewis initially filed a short two-page summary on Aug. 24, 2011 after reviewing the case for prosecutors. Lewis concluded West was the driver at the time of the crash.
Lewis filed the supplemental report when contacted recently by the Public Defender’s Agency.
The supplemental report used different, and possibly wrong, information to reach the same conclusion, the defense attorneys argued. It also cited scientific studies and additional evidence the attorneys were unfamiliar with, according to public defender Grace Lee, who is also representing West.
The defense told the judge they needed time to consult with experts about the new report and to review transcripts.
Seid asked the judge to just preclude the evidence from the trial, which means the expert would not be allow to testify about the supplemental report during the trial. But if that wasn’t possible, Seid asked the judge for a continuance, citing Alaska Criminal Rules which state failure to provide timely disclosure entitles a defendant to a continuance.
District Attorney David Brower opposed the proposed preclusion and continuance, saying nothing in the report was fundamentally different since it reached the same conclusion that West was the driver. Brower also noted that the public defenders could have contacted Lewis earlier about his initial report.
Judge Menendez said he would not preclude the evidence since much of the case is about who was driving the vehicle at the time of the crash. Menendez said he was concerned about delaying the trial any longer since it has been pending for more than a year, but granted the continuance.
The trial is scheduled to last nine days. A pretrial hearing is also scheduled for Jan. 2.
If convicted, West could be facing up to 99 years in prison for the unclassified felony.
To be convicted, the state has to prove to the jury beyond a reasonable doubt that West knowingly engaged in conduct that resulted in the death of Gabriel Carte under circumstances manifesting an extreme indifference to the value of human life.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (8)
Add commenti feel for the Carte family and friends
does Ryan have no SHAME!
Really....to keep the Carte family and Gabe's closest friends holding on to what could have been today's memories if Gabe was still alive. David stay strong for the family and friends of Gabe Carte. make an example of poor choice behavior, which is all Ryan West is now and will always be... he still can't take responsibility he doesn't belong out on the streets of humanity
If Ryan would have went to
If Ryan would have went to jail after he almost killed that girl with his truck, and for an adequate amount of time, then Gabe would probably still be alive. I know Ryan, and I know he lies, and once he commits to a lie, he doesn't stop. I do hope he has to pay for his actions. He hasn't really had to before, hence the reason he is the way he is. I do like Ryan. But he needs to learn a lesson.
I do not know all of the
I do not know all of the details of this case. I certainly did not witness the incident. I do not personally know Mr. West. That having been said, he is looking at a long stint in prison if he is convicted of these charges--for all intents and purposes, his life will be over. With that in mind, I really do not blame him for going to any length to beat these charges. I am not debating whether or not he deserves to be punished for this incident or not. I am only saying that I understand his request for a delay in the trial. I also commend the public defender for taking all necessary steps to defend his client--that is what a defense attorney should do.
What goes around...
This guy was a jerk in high school. I saw him bully people, disrespect teachers, and try to intimidate everyone. The kind of guy that made me hope karma was a real thing. I hope justice is served here. I'm sorry for his family & loved ones, but I feel this will be a safer community once he is behind bars.
Was he driving?
Only three know. One is dead and one ain't sayin'.
Just sayin'...
Judge yourself before you judge others
I've been following this story since the beginning and I am so sick of you people on here hiding behind these fake names saying whatever you want about someone you don't even know! Really he was a bully in high-school so now he deserves to be in jail for the rest of his life?!! Who are you to make that decision? Do you know that most bullies are bullies because they are going through some rough stuff in their life and don't have the tools to deal with it, bullies need our compassion. I hope that when you go through the hard times in your life that you don't have a judge a jury on the Juneau Empire running their mouth about what you did when you were a child!
If Ryan hadn't done what he did in the past would there even be a trail today? Or would we all see this for what it is, a tragic accident. A tragic accident that Ryan feels horrible about, he is devastated about what happened to Gabe.
I also want to point out that he was sober when this all happened and he was trying to get his life back on track, which can be difficult for people once they have gotten out of jail.
I am sure that you all have tons of hateful things to reply to this but people deserve a second chance, Ryan deserves a chance.
Colossians 3:13
Bear with each other and forgive whatever grievances you may have against one another. Forgive as the Lord forgave you.
2nd Chances
He had his 2nd chance after he drug the young lady with his vehicle. He ruined it.
Where is Gabe's 2nd chance?
The only thing you said I agree with is that what someone is in School is non-relevant to how they may be as an adult. The bully in school doesn't equal a abuser as an adult, anymore than the nerd in school is always going to be the good guy as an adult.
Bullies need compassion??
Bullies need consequences. I think there is a direct link between the decrease in consequence with the increase in bullying. You don't become responsible for your actions through osmosis, rather through cause and effect. Do bad things, bad things happen to you.
His previous crimes were when he was 20 not a child.
As for my childhood or even adulthood mistakes and errors showing up in the Empire, not very likely. See like most people, my errors were not of a criminal nature. I have made mistakes in my life, but I have never willfully caused harm to another. And when I did screw up, I felt remorse and owned up to it. Cost me to be sure, but I have learned and doing it has made me a better person.
I do pray for Mr West, not for his conviction or exhoneration. Rather that he come clean with himself in the person he is and the path he is on. I pray that he gets the down brutal honest with himself that he needs to be to truly get on a different life path. I believe all people can change, but you don't get there by wishing, hoping or pretending. No promises to God get me out of this one I will be good. You have to get yourself out honestly.