Bayless trial pushed back |

Bayless trial pushed back

The Oct. 28 trial of David Bayless, who allegedly fired a shotgun round into his grandson’s back, was pushed back and will likely be scheduled sometime in January.

The delay resulted from a number of issues. One included video interviews of Bayless and a female at Bayless’ South Lake Tahoe apartment who was present at the time of the shooting. The videos were recently transcribed to audio tapes and provided to Simon Harvey, El Dorado County deputy public defender.

Judge Jerald Lasarow, the presiding judge in the case, slated a vacation during the first part of November and would only be able to hear the first three days of the jury trial.

Lastly, there are medical records, some from Washoe Medical Center, Harvey needs to examine. In addition, Harvey said he would like to talk to the victim’s doctors in case there is a prognosis for future progress.

Joshua Stone, Bayless’ 28-year-old grandson, was treated at Washoe from August through Oct. 25 for the single shotgun blast that embedded several pea-sized lead pellets in his spine. Stone has since received special care at a nursing home at his Champaign, Ill., hometown.

Bayless has been housed in El Dorado County Jail on $150,000 bail since April for allegedly shooting Stone in the back on August 15, 2001. Bayless said his grandson was attacking a female and shot Stone to defend the woman.

Bayless, 71, faces 41 years to life in state prison if convicted of charges, including being a felon in possession of a gun, assault with a deadly weapon likely to produce great bodily injury and mayhem with special circumstances.

It appeared Bayless wanted to make a plea agreement. Deputy District Attorney Anthony Sears said Bayless wanted to plead guilty to the charge of being a felon in possession of a gun in hopes to drop the remaining two charges and spend a year in county jail.

Sears and Lasarow both denied the request.

“Even if Mr. Sears accepted the offer you made, the court would not accept it,” Lasarow said.

“Based on the preliminary I read and heard, the court would not send you to one year in county jail,” the judge added.

Bayless, shackled and wearing the customary orange jail jumpsuit, was walked into a court by a deputy. He shook his head and whispered to his lawyer when Sears said the reported assault on the woman was over when the shot was fired.

During Tuesday’s court hearing, it was determined and agreed that Stone had a blood-alcohol level of 0.19 percent while Bayless had a 0.21 level.

A Nov. 7 hearing was scheduled for trial-setting purposes. A hearing Thursday was affirmed to address a prosecution motion to limit the defense witness list.

— Contact William Ferchland at

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