A Solano County Superior Courtroom choose on Tuesday as soon as once more vacated a jury trial, the day it was beforehand scheduled to start, and reset it for mid-January for a felony homicide case in opposition to two males charged with a deadly 2018 capturing in Vallejo.
Daniel Anthony Avenue, 38, of Hercules, and Costello Blackwell, 48, of Vallejo, didn’t seem for proceedings in Division 1, and Choose Jeffrey C. Kauffman rescheduled it to start at 10 a.m. Jan. 17 within the Justice Heart in Fairfield.
The choose additionally scheduled some pretrial issues, together with a trial administration convention at 9 a.m. Jan. 11, court docket data present.
In the course of the morning session, Fairfield prison protection legal professional Sal Giambona, who represents Blackwell, represented Avenue, whose legal professional, Terry A. Ray, was absent. Deputy District Legal professional William Ainsworth leads the prosecution and appeared for the individuals.
As beforehand reported, Blackwell was convicted in an earlier trial and sentenced for making an attempt to kill a possible witness. He acquired 52 years to life for tried homicide.
He and Avenue – who every stay in custody with out bail on the Stanton Correctional Facility in Fairfield – are accused of the Feb. 10, 2018, slaying of Daryl Huckaby, 47.
Blackwell was discovered responsible in March 2020 for making an attempt to kill Teiquon Cortez, 29 on the time, on Nov. 5, 2018, additionally in Vallejo.
In the course of the tried homicide trial, Cortez mentioned he witnessed Blackwell, a co-worker on the Vallejo transferring agency Royal Transport, hearth one shot from a handgun, the bullet placing and killing Huckaby, who was in an RV that later crashed on Tuolumne Avenue.
Months later, on Nov. 1, Blackwell reportedly went to Cortez’s residing quarters behind the transferring firm and shot him twice with a shotgun, wounding him.
In the course of the trial, Deputy District Legal professional Andrew Wooden offered greater than a dozen witnesses, together with Vallejo police investigators, physicians, cellphone tower consultants and a minimum of one one who aided Cortez after he was shot.
Cortez testified that he walked throughout the road to a Shell fuel station, the place, bleeding profusely from the gun blasts to his left elbow and again, he acquired first support earlier than Vallejo paramedics and cops arrived.
Throughout court docket testimony an investigator for the protection, Eugene Borghello, mentioned Cortez instructed him throughout a Solano County Jail interview in January 2019 that Blackwell shot him twice with a shotgun for “threatening Mr. Blackwell’s spouse.”
Cortez additionally instructed Borghello, of the Particular Investigations Group in Fairfield, that he was in a automotive with Blackwell when the defendant allegedly shot Huckaby.
After his tried homicide conviction, Blackwell additionally confronted a court docket trial — throughout which the choose, not a jury, makes a remaining determination based mostly on proof and legal professional arguments — on his alleged prior strikes.
It’s unclear how Avenue, who’s charged with one depend of homicide, is related to Huckaby’s killing. Blackwell is charged with one depend of first-degree homicide and one depend of being a felon in possession of a firearm.
If convicted at trial for Huckaby’s dying, Avenue and Blackwell face 25 years to life in jail on the cost, and sure extra time every for prior convictions and enhancements.