Lawyers for former officer accused of murder want trial dismissed

Lawyers for a former Rocky Ford police officer want their client’s second-degree murder trial to be dismissed, but prosecutors are objecting.

Investigators said James Ashby, 32, followed Jack Jacquez, 27, into his home last October and shot him in the back. Ashby said he thought Jacquez was a burglar and that Jacquez was going to hit him with a bat.

Ashby was back in court Friday. His lawyers and the prosecutors brought in agents from the Colorado Bureau of Investigation who are part of the investigation.

Both agents shared the process of how evidence was handled during the investigation.

Ashby’s lawyers want to dismiss the trial because they feel evidence was tampered with during the investigation and the autopsy. The lawyers said one example was a green jacket that was worn by Jacquez the night he died. The legal team said the jacket was mishandled during the autopsy and possible evidence on the jacket, like gun residue, could have been lost.

Prosecutors said they are objecting the dismissal because there is no proof of evidence being mishandled. They also said there is also other evidence to look at.

Jacquez’s father, Jack Jacquez Sr., said there are compelling cases, but he feels the prosecution will win.

“Both teams seem very strong, but I have confidence in our district attorney, I do, and the very least, justice will be served,” he said.

Ashby is set to be back in court Dec. 23.