All suspects are presumed innocent until proven guilty in a court of law.
(Fremont County, WY) – The jury trial for Fremont County man Francis James Acebo has been rescheduled for February 12, 2024, according to Federal Court documents.
Acebo was initially 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.
The jury trial was originally set to take place back in June of 2023, but was continued to December 18 following a motion continue hearing in August, due to the “complex” nature of the investigation.
At the time, Court documents stated that “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.”
A superseding indictment was later filed on September 20, which added a third Count; causing death with a firearm during a crime of violence.
Acebo went on to plead “not guilty” to all three Counts at his September 28 arraignment.
On October 2, Acebo’s counsel withdrew from the proceedings, and another counsel was provided on October 5.
On November 22, an unopposed motion was accepted by the Court for an “ends of justice continuance,” and to “exclude time from speedy trial act time limits.”
“The Speedy Trial Act generally requires trial in federal crimes to begin within 70 days of the filing of the indictment or the defendant’s initial appearance,” Court documents explain, and the Act “sets forth an extensive list of reasons allowing for delay,” the most flexible of which being the “ends of justice continuance.”
Documents further explain that this provision allows district courts to continue trial and exclude delay from the speedy trial calculation “if the Court finds that the ends of justice served by granting the continuance outweigh the public’s and defendant’s interest in a speedy trial,” as long as the Court provides reason for granting.
The Court determined the ends of justice continuance was appropriate in this case, due to the mentioned “complex nature” of the trial and the need for new counsel to have time to review the case, and the February 12 trial date was set.
The maximum sentence for a first degree murder charge is mandatory life imprisonment, up to $250,000 fine, 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 10 years to life imprisonment, a $250,000 fine, 5 years supervised release, and a $100 special assessment fee.
The maximum sentence for a causing a death with a firearm during a crime of violence charge is up to life imprisonment, a $250,000 fine, 5 years supervised release, and a $100 special assessment fee.
County 10 will provide updates on the case, which can be found here.