LAKEPORT — Judge Richard Martin set the trial date and a hearing for a motion to dismiss Tuesday in the case against a North Hollywood man on charges including attempted murder.
Raymundo Catalan, 32, will return to court Oct. 4 for a ruling on the motion to dismiss based on the argument that prosecution provided insufficient evidence at the preliminary hearing for a judge to conclude probable cause. He is scheduled for jury trial Dec. 7.
Catalan allegedly argued with Marshall Wisterman, 35, and then shot him at close range on Jan. 4 outside of the north Lakeport man”s home. Wisterman”s children and wife were inside the house.
Catalan is charged with attempted murder, torture, aggravated mayhem, mayhem and assault with a firearm. A number of special allegations accompany the charges, including that he intentionally discharged a firearm causing great bodily injury, that he used a firearm and that he inflicted great bodily injury. Catalan also has a prior strike and prison record. He faces about 36 years to life in prison.
After presenting evidence in the preliminary hearing, chief deputy district attorney Rich Hinchcliff dropped the sixth charge of being a felon in possession of a firearm because he said he presented no evidence to support it.
At the preliminary hearing June 11, Judge Richard Freeborn ruled there was sufficient evidence to hold Catalan on the charges and allegations.
Wisterman”s wife, Amanda Wisterman, said at the preliminary hearing she thinks Catalan shot her husband because her husband didn”t pay for a camera and comforter Catalan had given him to give to her for Christmas.
Wisterman was discharged from the hospital 15 days after the shooting.
Catalan will appear in court Nov. 8 for an omnibus motion hearing, when lawyers are supposed to file motions before trial. He is also scheduled for a trial readiness conference and settlement conference Nov. 17 and trial assignment Dec. 3.
Contact Katy Sweeny at kdsweeny@gmail.com or call her directly at 263-5636, ext. 37.
