Shooting suspect’s trial set for Tuesday |

Shooting suspect’s trial set for Tuesday

A hearing to confirm a Tuesday trial for a man who allegedly shot his grandson in the back was rescheduled to Jan. 17 after the defense said an Illinois witness has not been served for appearance for the trial.

The result could be a trial delay of the trial or the defense not having the witness, said Deputy District Attorney Tony Sears.

Trial dates for David Bayless have been pushed back numerous times. The 71-year-old has remained in El Dorado County Jail since he was taken into custody in August 2001 for allegedly shooting his grandson in the back with an old shotgun during a drunken night.

If an El Dorado County judge decides to continue the trial without the witness or the witness is contacted, the trial would remain scheduled for Tuesday, when jury selection would take place.

Bayless 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 to produce great bodily injury and mayhem with special circumstances.

On Aug. 15, 2001, Bayless allegedly shot his grandson, Joshua Stone, in the back. Bayless said he shot Stone to help defend a woman in his apartment.

Stone, who was visiting his grandfather for the first time at South Lake Tahoe, returned to Illinois for treatment and rehabilitation. Five shotgun pellets reportedly remain embedded in his spine.

In other court news:

n The January jail date for Terry LeBan, the former executive director of the Lake Tahoe Visitors Authority, was rescheduled so she may receive care for injuries she suffered during a car crash, Deputy District Attorney Lisa Serafini said.

If LeBan reported to the jail to commence her sentencing, the jail would have to foot the bill for care and not LeBan, said Deputy District Attorney Lisa Serafini.

LeBan now wears a back brace and walks stiffly. In June, she pleaded no contest to one felony embezzlement count. She reportedly took about $27,000 of the total amount from LTVA but shouldered the full $73,786 in exchange for a six-month jail sentence.

Debra Kirk, the former controller for the LTVA, died in the November 2001 crash on Kingsbury Grade. LeBan and Kirk took the money to fund a gambling habit.

LeBan’s matter was called Thursday so the probation department could clarify what interest would be applied to the restitution of more than $100,000.

n An El Dorado County judge dismissed a defense motion to limit evidence in the matter of Rudolph Steele, a man with AIDS accused of allegedly sodomizing a 4-year-old boy.

The evidence was collected by El Dorado County sheriff’s deputies during a search warrant of Steele’s residence. Assistant District Attorney Hans Uthe alluded the evidence was sexual in nature.

There has been no judicial answer to a prosecution motion which, if granted, would allow Steele’s alleged sexual misconduct of a boy in the late 1980s to be heard in court. The boy later committed suicide when he was a teenager.

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