Murder trial scheduled for October

QCS Staff

The murder trial of Tony Day, 15, accused of killing his adoptive mother and sister in their home on Nov. 26, 2012, is now scheduled for Oct. 21, even though defense attorney Jeffrey Buckels continues to press for more time to prepare.

Buckels said in a progress report to the court on June 18 that he still needs time to gain access to Children Youth and Families records that apply to the case and to allow experts to study those records.

District Attorney Tim Rose said he would want the prosecution to have access to those same records and perhaps find experts who would refute defense experts “in areas where we might disagree.”

Nonetheless, Rose said the prosecution is ready to go to trial and is arguing for the currently scheduled October date.

District Judge Albert Mitchell said in the June 18 hearing that the Day case is one of his top priorities and he would like to see it resolved sooner rather than later.

Mitchell has been holding sessions with the attorneys every several weeks, Rose said. The next such session is scheduled for July 16.

Day, who was 14 years old at the time of the slayings, will be tried as an adult.

“We have a lot of evidence that in school, he was a good student and a good athlete,” Buckels said last month, echoing what friends, teachers and coaches have said about Day, “but he had a horrific early childhood.”

New Mexico State Police officials said Tony Day, 14, shot his adoptive mother Sue Day and stabbed her daughter, Sherry Folts, to death on the night of Nov. 26.

Day has been held in the Quay County Juvenile Detention facility since that time.

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