Mistrial in case of man accused of pointing gun at deputy, firefighters
Ty Massey, an investigator with the public defender's office, testified he heard firefighters talk about the case during the lunch break, outside of the courtroom.
By Jennifer McBride - Leader Staff
After three and a half hours of jury selection, District Court Judge Kim Christopher had to declare a mistrial just 10 minutes into the trial of a man accused of pointing a loaded rifle at a deputy and Ronan firefighters last fall.
Ty Massey, an investigator who works for the public defenders' office, testified that potential witnesses from the Ronan Fire Department talked with each other outside the courtroom, despite a warning not to do so.
The firefighters, who sat by Massey in the hallway, were warned not to speak with each other before the trial started.
Under questioning by defense attorney Noel Larivee, David Delaurenti, a potential prosecution witness, admitted on the stand that he and the other witnesses had discussed the case against Richard Buck.
"Only the most basic facts of the case," Delaurenti quickly added, who admitted that Larivee warned him before the trial not to speak with other firefighters about the case.
But Judge Christopher immediately declared a mistrial.
The mistrial is another setback in a series of snags in the Buck case. According to court documents, Buck was originally charged with one count of felony assault with a weapon and one count of assault on a peace officer. He allegedly pointed a rifle at a Lake County Sheriff's deputy Sgt. Luc Mathias and two firefighters who had come to investigate a bonfire on Buck's property.
The firefighters allegedly felt threatened enough to take cover behind their truck. Buck then allegedly entered his house and left the gun inside before coming out and submitting himself to arrest.
Mathias went into the residence to retrieve Buck's rifle. Because the officer failed to get a search warrant before doing so, evidence of the weapon was suppressed in court.
Assault with a weapon and assault on a peace officer carry a combined maximum penalty of 40 years imprisonment and a $150,000 fine.
No new trial date has been set, but a plea agreement could be reached in lieu of going through the jury selection process again.