Defense asks to delay trial of woman accused of killing El Paso Uber driver
Update (October 10, 2024): At the hearing today, the judge set another hearing for November 7, 2024. The trial date remains the same.
EL PASO, Texas (KVIA) -- Defense attorneys for the Kentucky woman accused of murdering her Uber driver during a ride through South-Central El Paso, are requesting the trial be delayed until February of 2025.
In two motions filed with the court obtained by ABC-7, the defense team for Phoebe Copas argued her trial should be pushed back because not only is Copas undergoing "significant medical procedures," but the defense is still awaiting evidence to be turned over by the prosecution, which it claims has "refused" to do so.
"Obviously we're opposed to that, we would like to go to trial here at the original, in November, setting," said El Paso District Attorney, Bill Hicks. "Any attempt to delay the case is simply an attempt to delay the case by the defense. The state is ready to take this case to trial. We're ready to get justice and justice comes from the jury in this case- taking this case to a trial and holding this defendant accountable for her actions."
Copas is accused of shooting Daniel Piedra Garcia on June 16, 2023, as he drove Copas to the Speaking Rock Entertainment Center in the Lower Valley. Copas told El Paso police officers who responded to the shooting on U.S. 54 near Loop 375 that she shot Piedra because she believed he was kidnapping her and taking her to Mexico.
The defense attorney for Phoebe Copas, Matthew James Kozik, requested to push the trial from its Nov. 12, 2024 start date. According to the motion filed at the end of September, Copas has sought treatment for heart failure, kidney complications and has suffered from bouts of unconsciousness. The defense states her travel from her home in Kentucky is limited.
The latest motion filed on Oct. 4 also states the defense has requested a litany of items from the prosecution and has yet to receive them.
"In the absence of the D.A. giving us that discovery or the other evidence in the case, we will be unable to have a fair trial in this case," said Ken Garrett, Copas' Co-council.
Those pieces of evidence include Copas' cellphone, and things found in Piedra's car. The items in the car are an iPod Touch that Copas claimed was ringing during her ride; plus, a crowbar and a razor blade that the defense claimed were within Piedra's reach and could be used as weapons.
Police photos of the items were included in the motion: (Courtesy: 120th District Court)
"We have turned over everything that we are required to turn over and we have also gone extra lengths to turn over additional evidence that they have requested," said Hicks.
Along with the contents of Piedra's phone, Hicks said the defense is also requesting a "phone dump" from the defendant's phone. Although, he said a password for the phone has not been provided and they are unable to gather the information.
"So there are some issues with their discovery request and demands that need to be- that they are asking for that we cannot comply with just by the limits of technology," Hicks added.
Additionally, Piedra's background report, bank records and his Uber driver data were also requested by the defense. "As the state already knows, the Uber driver did not take the route directed, taking Copas to areas not on route to her requested destination," the defense stated in its motion.
"There's no evidence at all that would suggest a reasonable person to conclude that she was being kidnaped. Again, I don't want to try this case in the media. We'll try this case in front of the jury. We're very comfortable with the evidence that we have. Will- could lead a reasonable jury to conclude that this is a murder conviction," Hicks argued.
Other items the defense is requesting are the police body cams from the officers standing guard at the hospital during Piedra's treatment; items that were on Piedra while he was at hospital before he ultimately died from his gunshot wounds, and Piedra's medical records.
A medical record belonging to Piedra was included in the motion, and it shows the shooting victim had fentanyl and codeine in his system when he died.
"...the Uber driver had excessive amounts of substances in his system with it appearing to exceed what was provided by the hospital," the defense stated, adding that its investigation showed that Piedras wasn't given codeine while hospitalized. The motion continued, stating that Copas "reported the Uber driver appeared to be acting in a manner consistent with the use of prohibited substances."
"Why simply has body worn camera not been provided? Why have text messages between law enforcement on this case not been provided? Why is his [Piedra] background investigation not been provided? I mean, these are things that were asked for in September of 2023," Kozik told ABC-7.
No ruling has been issued on the defense's motion to delay the case. A final hearing is scheduled in the 120th District Court on Thursday, Oct. 10.
