Cortez Journal

Second shooting suspect wants own 'legal counsel'

Feb. 19, 2000

BY DAVID GRANT LONG

Douglas Jay Hackett, 28, the second of two people wanted in connection with last week’s slaying of Kenneth Wayne Dugan III, was advised of the charges against him in district court Thursday after being arrested sometime earlier.

Hackett is charged with being an accessory to second-degree murder, a Class 4 felony that could net him 2-6 years in prison, as well as a sentence-enhancer count that would, in the event he is convicted, require this sentence to be set at least mid-range.

Mathew David Gray, 23, the other defendant charged in Dugan’s shooting, was advised late Wednesday afternoon after turning himself in at the Montezuma County Sheriff’s office earlier in the day.

Gray has reportedly been charged with second-degree murder, but all court documents related to both cases have been sealed by Judge Sharon Hansen at the request of District Attorney Mike Green, and this could not be confirmed. (In fact, Public Defender Tom Williamson, whose office will represent Gray, told Green in court Thursday that he hadn’t yet had access to the information contained in his client’s arrest warrant.)

Dugan, 22, was shot in the chest during a fracas outside his ex-wife’s rural residence shortly after midnight on Feb. 10 and was pronounced dead after being driven to Southwest Memorial Hospital by friends.

A witness told Detective Kalvin Boggs he had heard a woman later identified as Shanna Dawn Fletcher ask where her gun was just before the fatal shot was fired, but hadn’t actually seen anyone do the shooting.

However, no charges in connection with the incident have been brought against Fletcher, who was reportedly living with Gray in a camp trailer behind the main residence.

Hackett, who appeared in custody in lieu of a $20,000 bond, demanded repeatedly that he be allowed to have Clifford Hackett, apparently a relative, at the advisement to provide legal counsel.

"My legal advisor told me not to participate in any proceeding without him present," he said.

But Hansen denied his request, noting that Clifford Hackett is not a licensed attorney and therefore she doesn’t recognize his status as qualified counsel.

"It is legal advice," Hackett insisted. "He has studied very much law." But Hansen remained unmoved.

"So you’re denying me legal counsel?" the defendant asked, declaring that he has the constitutional right to be represented at any and all court proceedings, including an advisement.

"No, you’re going to have an attorney," Hansen replied, explaining he would get a court-appointed lawyer at no cost to him since the public defender’s office is representing Gray, and that he would be advised again once this was accomplished, tentatively on Feb. 22. Hackett’s bond was also reduced to $6,000, the usual amount for that sort of charge, at Green’s request.

Copyright © 2000 the Cortez Journal. All rights reserved.
Write the Editor
Home News Sports Business Obituaries Opinion Classified Ads Subscriptions Links About Us