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BREAKING NEWS

Chavez seeking trial date

By Staff | Mar 3, 2008

An attorney for a 30-year-old Winnebago man charged with taking part in a fight that led to his half brother’s death has requested a trial for his client.

Brad Peyton, a part-time public defender in Brown County, represented Eduardo Lopez Chavez at his omnibus hearing held Monday in Faribault District Court in Blue Earth.

“There are no issues. We are entering a not guilty plea and are requesting a speedy trial,” Peyton told Judge Douglas Richards.

Peyton says two or three days would be needed for the jury trial.

The judge told Chavez there was probable cause that crimes were committed and that he committed the crimes.

Miguel Angel Lopez was stabbed to death July 28 after a fight broke out in the driveway of his father’s mobile home at Sunrise Manor Trailer Park in Winnebago.

Chavez is charged with one count of second-degree riot and one count of terroristic threats. Both charges carry a maximum penalty of fives years in prison and a $10,000 fine.

Richards granted Peyton’s request for a trial; setting aside three days and saying it be held within 60 days.

Also charged with second-degree riot and terroristic threats, and appearing in court, was 29-year-old Jose Guadalupe Gomez.

An omnibus hearing was set for Gomez, who is represented by Martin County public defender Darci Bentz. He is currently being held for federal Immigration and Customs Enforcement officials because he is an illegal alien.

After being photographed and fingerprinted by Faribault County authorities, Gomez was transported to Freeborn County Jail and is being held on a $10,000 cash bond. Gomez was initially charged in Lopez’s murder with two felony counts of aiding an offender. The charges were dropped after Minnesota Bureau of Criminal Apprehension tests showed that blood found on his clothing did not match the victim’s.

A third man, 26-year-old Hector Carrillo Carbajal appeared in an omnibus hearing Feb. 21. He also faces second-degree riot and terroristic threats charges.

Carbajal’s lawyer, Brown County public defender Richard Hillesheim, waived his client’s right to have an omnibus hearing within 28 days. He asked Richards for more time to prepare because of the large amount of case material he received from Faribault County Attorney Brian Roverud.

Richards granted an extension for Hillesheim, who is expected to set an omnibus hearing within 30 days, Otherwise, an uncontested omnibus hearing will be set by the court.

Chavez and Carbajal remain in custody at the Faribault County jail and each is being held a $10,000 cash bond.

According to court documents, a fight broke out between Marcos Gonzalez, Gomez, Chavez and Lopez.

Chavez used a car jack pipe and a broken bottle during the fight, a court complaint says.

Several people fought with fists and belts, the complaint says, when Gonzalez reached into the bed of this pickup and pulled out a 10-inch serrated knife and stabbed Lopez in the stomach.

Carbajal allegedly used a stick in the fight and was making threats of violence, according to a court complaint.

Gonzalez pled guilty to first-degree manslaughter last October. He was sentenced to 86 months in prison on Feb. 1.