All suspects are presumed innocent until proven guilty in a court of law.
(Fremont County, WY) – The jury trial for 32-year-old Fremont County man Francis James Acebo has been continued to December 18, following a motion to continue hearing held in Federal Court today, August 24, before the Honorable Judge Alan B. Johnson.
Acebo was charged with first degree murder and use, carry and discharge of a firearm during and in relation to a crime of violence, for the March 25 murder of 44-year-old Derek Redstar Pappan.
Acebo pled “not guilty” to both charges back in May, resulting in a jury trial first being scheduled for June 26.
However, due to the “complex” nature of the investigation, the jury trial was continued to September 11, then ultimately pushed back once more to the December date.
“Given the continuing complexity of this case brought about by the difficulties with locating material and necessary witnesses who live transient lifestyles, the recently discovered material evidence which requires follow-up investigation, the gravity of the charges the defendant is facing, that is, first degree murder and discharging firearm during crime of violence and causing death with firearm, the court finds that additional time is needed to ensure adequate preparation and representation of the defendant and issues in the case at trial,” a joint motion to continue trial document filed on August 17 states.
“Even taking into account the diligence of counsel in preparing for this case failure to extend the time to prepare would likely result in miscarriage of Justice.”
The December 18 jury trial date was suggested by the defense and prosecution in that joint motion, which was later accepted at today’s hearing.
The maximum sentence for a first degree murder charge is life imprisonment, up to $250,000 fine, 5 years to life supervised release, and $100 special assessment fee.
The maximum sentence for a use, carry and discharge of a firearm during and in relation to a crime of violence charge is not less than 10 years to life consecutive imprisonment, up to $250,000 fine, 5 years to life supervised release, and $100 special assessment fee.
County 10 will provide updates on the case, which can be found here.