CLEARLAKE — The man accused of the May 4 stabbing of Clearlake resident John Rayford McCoy, Jr. has opted to exercise his right to a speedy trial.
The reason that”s unusual, according to prosecuting Deputy District Attorney John Langan, is that “especially in Lake County, where we don”t have our own crime lab, things have to be sent to the state Department of Justice for testing and analysis of fingerprints, DNA, blood test results — things like that — usually the defense wants to have the results of those tests before going forward with a trial.”
Andre L. Stevens of Clearlake faces charges of first-degree murder, which Langan said could mean 25 to life if first degree can be established. Langan pointed out that this charge would be a felony strike, adding to a prior felony conviction of robbery in Santa Clara County in 1990, for which Stevens was put on probation. That, said Langan, would double the possible sentence.
Langan also reported that Stevens also served five years in federal prison for battery on an officer, a violation of California Penal Code 243(c)(2). The fact that Stevens did not stay out of jail for five years from when his jail term ended in 2005 could add to that, explained Langan.
A special allegation of using a deadly weapon could also add a year, said Langan.
Defense Attorney Jason Webster said he couldn”t comment on the rationale behind choosing to go forward with a speedy trial. He said he discussed the advantages and disadvantages of waiving that right with Stevens, and the decision was to go ahead.
“Mr. Stevens has the right to a trial within 60 days under the law,” said Webster.
A Clearlake Police Department report indicates that witnesses saw Stevens stab McCoy, said Langan. A CPD press release states that officers responding to the scene found Stevens still holding the bloody knife.
McCoy was found nearby with multiple stab wounds, states the press release, written by Lt. Mike Hermann. He also reported that McCoy, who was initially conscious, identified Stevens as his attacker before passing away.
The trial is set for July 31 in order to meet the statutory requirement that Stevens receives a speedy trial.
Langan said the D.A.”s office has notified the state Department of Justice that lab tests in this case need to be expedited because he chose not to waive his right to a speedy trial. Normally tests may take several months, said Langan, plus time for attorneys to review the results. “We my get things during trial,” he added.
Langan said he expects to be ready by July 31. “Even if all of the tests are not complete we believe we can go forward based on the fact that there were eyewitnesses to the crime,” he said.
Contact Tiffany Revelle at trevelle@record-bee.com.
