Federal case delays Batty trial
From our weekly issue dated August 11, 2010
Gerald Batty (JCSO photo)
It“s been more than 18 months since an Oregon State Police SWAT team used chemical munitions and a tazer to arrest 39-year-old Gerald Batty at a home on Lone Mountain Road in O“Brien.
But a pending federal case has complicated efforts to bring Batty to trial.
Batty was booked into the Josephine County Jail in Grants Pass on Jan. 16, 2009, and he remains lodged there on $25,000 bail. He faces two counts of felon in possession of a weapon, and one count each of unlawful possession of methamphetamine, possession of a firearm and providing false information to a police officer.
Three charges that were originally brought against Batty have since been dropped. They were for two counts of attempting to elude a police vehicle and unauthorized use of a motor vehicle.
An affidavit in support of a motion to postpone a trial was filed in Josephine County Circuit Court on June 4, 2009. That court document was filed by Grants Pass attorney Chris Mecca, who is representing Batty.
Mecca wrote that his request was due to “another pending, quite serious indictment in Federal Court.“
“Mr. Batty is represented by Larry Roloff in the federal case and the Assistant United States Attorney is Byron Chatfield,“ Mecca wrote. “The parties are attempting to put together a global offer. Our case will be part of the global offer but is rather minor in comparison to the ramification of the federal negotiations and thus, there is no real purpose in trying this case in my opinion.“
At that point, Mecca wrote that he was “unable to ascertain“ what position Deputy District Attorney Lisa Turner had on the issue. Turner has been assigned to prosecute the case.
Another affidavit in support of a motion to postpone the trial was filed by Mecca on Oct. 29, 2009.
“The parties had anticipated a settlement of the federal case prior to the current trial date of Nov. 19, 2009, but such settlement will not be reached prior to trial date of this matter; and this case will be part of a global offer,“ Mecca wrote.
“Therefore, we respectfully request that this matter be postponed for 90 days to allow Mr. Roloff and Mr. Chatfield additional time to reach a resolution of the federal case and of this case.“
The most recent court document regarding the case was another affidavit in support of a motion to postpone the trial. That document was filed by Mecca on July 1, and requested an additional 90 day postponement, which was granted.
“The parties had anticipated a settlement of the federal case prior to the current trial date of July 7, 2010, but such settlement will not be reached prior to trial date of this matter; and this case will be part of a global offer,“ Mecca wrote.
Batty already was a wanted felon at the time of his arrest on the early morning of Jan. 16, 2009. He was alleged to have fired gunshots at the SWAT team sent by OSP to apprehend him.
And a large amount of cash, methamphetamine, marijuana, packaging and distributing materials and an assault rifle were found in the house after Batty was taken into custody.
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