Gallegos trial vacated, plea bargain could be coming |

Gallegos trial vacated, plea bargain could be coming

John Colson
Post Independent Staff
Glenwood Springs, CO Colorado

GLENWOOD SPRINGS, Colorado – The 10-day trial of Toby Aaron Gallegos on charges of attempted murder, scheduled to start on April 1, has been canceled by District Judge Denise Lynch.

Instead of the trial, Gallegos, 29, is to be in court on April 18 for a review of his case and possibly to announce whether he will be pleading guilty as part of a plea bargain with the district attorney’s office.

Gallegos currently is in federal custody in a prison facility near Las Vegas, Nevada, awaiting sentencing on a charge of possession of a weapon by a convicted felon, which is unrelated to his case in Garfield County.

Formerly of Glenwood Springs, Gallegos is charged with second degree attempted murder and first degree assault with a deadly weapon, over a Sept. 26, 2010, fight in an alley in downtown Glenwood Springs.

Police allege that Gallegos stabbed another man during a 1 a.m. fight in the 800 block of an alley between Grand and Colorado avenues.

The alleged victim in the case, Doug Diaz, also of Glenwood Springs, reportedly was hospitalized and nearly died of his injuries.

This is the fourth time a judge has vacated a trial in this case.

Most recently, a trial set for Nov. 26, 2012, was postponed because Gallegos’ attorney, Garth McCarty, was unable to consult with his client because Gallegos was in federal custody in Nevada.

Judge Lynch, at a Nov. 16 hearing on the case, expressed frustration that the charges were nearly two years old.

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