Jury selection resumed today in the trial of 21-year-old James Boughton, a Deep Creek man accused in the killing of one Mormon missionary and the wounding of another in January 2006.
Chesapeake Circuit Court Judge Randy Smith also denied a defense motion to delay the case.
On Monday, Smith dismissed more than 60 potential jurors for Veterans Day and asked that they return this morning for what is expected to be another full day to determine their qualification to serve. Commonwealth’s Attorney Nancy Parr and Deputy Commonwealth’s Attorney D.J. Hansen could begin the state’s case Thursday morning with opening statements, followed by witnesses.
Boughton, a Camelot resident, is charged with first-degree murder, malicious wounding, attempted malicious wounding and three counts of use of a firearm. The trial is expected to last about two weeks.
On Monday, Boughton pleaded not guilty to killing 21-year-old Morgan W. Young of Bountiful, Utah, and not guilty to wounding Joshua Heidbrink of Greeley, Colo. The two missionaries were walking on Elkhart Street in Deep Creek, proselytizing door-to-door, when they were shot on the night of Jan. 2, 2006.
Boughton also pleaded not guilty to the attempted malicious wounding of Gregory L. Banks Jr., a man who lived in the neighborhood.
Young and Heidbrink, who was 19 at the time, may have unwittingly walked into and witnessed an unfolding crime between other men, according to earlier court testimony. A gunman in the crime, after firing at Banks, approached the two missionaries and shot them both, then fled.
Boughton’s attorney, Andrew Sacks, asked the court on Monday for a trial delay, arguing that he had been “caught totally off guard’’ by evidence the prosecution just turned over to him the day of the trial.
Sacks argued that the prosecution had evidence since February involving a potential witness who has a criminal record but failed to disclose it.
“I’ll have to say I’m not ready to go forward in light of this,’’ Sacks argued Monday.
Judge Smith denied the motion this morning. by The Virginia Pilot