District Court Judge Michael O'Hara postponed an arraignment hearing for a man accused of stabbing a Yampa resident three times.
Christopher Padilla, 32, of Yampa, was scheduled to enter a plea Friday, but Public Defender Gail Morrison argued that the District Attorney's Office had waited too long during the preliminary hearing proceedings to present information favorable to her client's case.
Morrison entered a motion asking O'Hara for sanctions against the prosecution and asked O'Hara to rule on that motion before requiring Padilla to enter a plea.
O'Hara agreed to review Morrison's motion and set a Sept. 10 court date to either hear the motion or a plea from Padilla.
The new information included witness statements that they couldn't see a weapon on Padilla at the time of the alleged stabbing and another witness statement indicating the lack of blood on Padilla.
Padilla was arrested July 4 in connection with the stabbing of Charles Porteus, 29, of Yampa, outside the Royal Hotel in Yampa.
At a July 21 preliminary hearing before Routt County Court Judge James Garrecht, Morrison argued that the wrong man was charged in the stabbing. Garrecht found there was enough evidence for probable cause and bounded the case to district court.
At about 11:30 p.m. July 4, Porteus was stabbed three times in the torso area, according to law enforcement. Porteus was transported to the Yampa Valley Medical Center and treated for serious bodily injuries. He reportedly returned to work two days later and fully recovered.
Witnesses told the Routt County Sheriff's Office that Padilla and a companion entered the Royal Hotel and an argument broke out. A group, including Padilla and Porteus, left the bar and started fighting outside, according to the sheriff's report. An off-duty police officer, Dave Miller of Ault, watched the fight and noticed Porteus walked away holding his side and was bleeding, according to the sheriff's office.
Miller said Porteus told him that Padilla had stabbed him, the sheriff's report indicates.
Miller told authorities he noticed Padilla was holding a knife and had blood on his hands.
Miller retrieved a handgun and handcuffs and attempted to arrest Padilla but was pushed away by another person on scene, reports state.
Padilla reportedly ran to his home on Lincoln Avenue, which police later surrounded before arresting him. When arrested, Padilla had cuts on his left hand and on the back of his left leg, according to the sheriff's report.
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