John Colson

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December 7, 2012
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Gallegos attempted murder trial scheduled for April

GLENWOOD SPRINGS, Colorado - The attempted murder trial of Toby Aaron Gallegos, over a fight in a Glenwood Springs alley in 2010, has been rescheduled for April 1-12, 2013.

Gallegos, 29, who appeared in court on Thursday, is being represented by local attorney Garth McCarty, Gallegos' fourth attorney since being arrested in 2010.

Gallegos had been in federal custody in Las Vegas, Nev. since August, when he was arrested on a charge of possession of a weapon by a convicted felon.

He was free on bond in the local case at the time of his arrest, and has been in Garfield County for the past three weeks to be present for local court proceedings.

This will be the third time a trial has been scheduled in the case. A trial was scheduled for late April and early May, but was vacated and rescheduled for Nov. 26.

The Nov. 26 trial was postponed because Gallegos' attorney was unable to consult with his client, because the client was in federal detention in Nevada.

District Judge Denise Lynch expressed some frustration with the case at a hearing on Nov. 16, when she cautioned attorneys that she wanted a trial to take place soon because the case already is more than two years old.

Police allege that Gallegos stabbed another man during a 1 a.m. fight on Sept. 26, 2010, in the 800 block of an alley between Grand and Colorado avenues, in Glenwood Springs.

Gallegos was arrested that day and charged with attempted second degree murder and first degree assault resulting in serious bodily injury.">class="NormalParagraphStyle">

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The Post Independent Updated Dec 7, 2012 01:25AM Published Dec 7, 2012 01:24AM Copyright 2012 The Post Independent. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.