Judge Denies Separate Trials In SD Prison Case
by Associated Press
November 01, 2013 12:00 AM
A South Dakota inmate accused of aiding in an attack on a prison guard has lost his bid to have a trial separate from another inmate charged in the case.
Twenty-five-year-old Garrett Dumarce and 28-year-old Carlos Green are charged with aggravated assault on a law enforcement officer.
Green is accused of attacking Zane Mathis from behind and breaking his jaw on April 20.
Dumarce is accused of signaling to have Green's cell opened before the attack, but says he didn't know what Green planned to do.
Dumarce's lawyer says if the inmates are tried together, that would discourage Green from testifying about what really happened because he cannot be required to testify against himself.
Circuit Judge Brad Zell denied the request for separate trials.