Decision on evidence to be made at trial

KINGMAN - Questions over the chain of custody involving the gun allegedly used in the Golden Valley Uptown Drug robbery will have to wait until October.

Defense attorney Billy Sipe filed a motion to preclude the gun Cordon Bauer II was said to have used when he allegedly tried to rob the drug store in December 2006. He allegedly fired at and was shot by Mohave County Sheriff's deputies who responded to the scene.

Bauer is charged with armed robbery, armed kidnapping, two counts of attempted second-degree murder, four counts of aggravated assault of police officers and misconduct involving weapons.

In June, Sipe alleged the chain of custody involving the gun was broken while the Kingman Police Department was investigating the shooting.

According to court documents, MCSO Sgt. Dean McKie picked up the gun at the scene; it was handed to an Arizona Department of Public Safety officer.

The DPS officer then handed the gun to KPD detective Joel Freed.

Freed told Sipe in a pre-trial interview that he remembers that he entered the gun into evidence, but he does not remember when he did so.

Sipe stated in his motion, that an evidence card lists Dec. 7, 2006, as the date that the gun was entered into evidence, six days after the robbery and shooting.

Deputy County Attorney Jace Zack said Friday he would prefer to deal with the chain of custody issue during the trial, which is set for Oct. 20.

Judge James Chavez said he usually prefers to deal with such motions before a trial in order to avoid possibly confusing the jury or interrupting the trial multiple times while the court decides on the evidence.

However, this time Chavez ordered that the decision on the chain of custody would be determined at trial.

A jury management hearing is scheduled for Sept. 25.