No new trial date for Tahoe man
David Bayless’ Oct. 28 trial regarding charges he used a shotgun to disfigure and inflict injury on his grandson remains on schedule.
Judge Jerald Lasarow denied a defense motion, filed by Simon Harvey, to eliminate one of Bayless’ prior felonies in Nevada. The felony pertained to a statutory sexual seduction conviction in Washoe County.
In 1977, he was convicted of a lewd act with a minor in Reno.
Bayless has remained in El Dorado County Jail on $150,000 bail since April.
He faces more than 40 years in prison if convicted. His charges include being a felon in possession of a gun, assault with a deadly weapon likely to produce great bodily injury and mayhem with special circumstances. The latter charge carries a possible 25 years to life in state prison sentence.
With the lewd act charge constituting one strike, Bayless could walk out of the courtroom with three strikes, Sears said.
Under California’s Three Strike’s Law, a person convicted of two felonies faces 25 years to life if found guilty of a third felony.
Joshua Stone, Bayless’ 28-year-old grandson, was shot in the back allegedly by his grandfather during his first visit to South Lake Tahoe in August 2001. Stone has since moved back to his hometown of Champaign, Ill., where he lives in a disabled housing community. The shooting paralyzed Stone from the waist down and has caused the grandson to be in constant pain.
Bayless, 71, previously stated he shot Stone to defend a woman at his apartment.
During the readiness and settlement conference Thursday at El Dorado County Superior Court, prosecutor Anthony Sears said he intends to file a motion that will limit the defense witness list.
The prosecutor believes some of the witnesses on the defense list are not relevant to the charges filed.
The motion will be heard Oct. 24. Sears said he expects the trial to last two weeks.
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