Prosecutors awaiting location records from Google
A Wichita Falls man's trial set Monday for the killing of Rocky Buckley over 10 years ago has been delayed so prosecutors can obtain evidence from Google, according to court documents.
Clinton Owen Thompson, 43, is charged with both murder and manslaughter in connection with the death of the 33-year-old husband and father on July 26, 2012. Thompson has claimed self-defense in the shooting in the driveway of his home that resulted in Buckley's death.
A jury will choose between murder and manslaughter if Thompson is found culpable.
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Eighty-ninth District Judge Charlies Barnard granted a continuance in the trial Tuesday after considering a motion filed by prosecutors Monday. The defense did not oppose delaying the trial.
Prosecutors' motion said they had been trying to get important location records, but Google has not yet responded to a subpoena and a warrant.
The delay would allow prosecution and defense lawyers to get, review and prepare for the evidence, according to the motion.
Murder is punishable by up to life in prison. The maximum punishment for manslaughter is 20 years.
Barnard also granted a continuance after reviewing the same motion for Thompson's second trial on a charge of aggravated assault with a deadly weapon in connection with an alleged road rage incident not related to the homicide, court records show.
No new trial date for the homicide case or the road rage case was visible in online court records Friday afternoon.
Thompson is suspected of pointing a handgun at another driver on Aug. 6, 2017, south of McNiel Middle School, according to allegations in court documents.
The jury deadlocked May 26, 2022, in 89th District Court in deciding if Thompson was guilty or not guilty of the assault, officials said. The hung jury resulted in a rare mistrial.
Aggravated assault with a deadly weapon is punishable by up to 20 years in prison.
Thompson has pleaded not guilty to the charges related to Buckley's death and to the more recent aggravated assault charge.
He was free Friday from the Wichita County Law Enforcement Center on $140,000 in bonds, according to online jail records.
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Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news and more. Contact Trish with news tips at firstname.lastname@example.org. Read her recent work here. Her Twitter handle is @Trishapedia
This article originally appeared on Wichita Falls Times Record News: Thompson's trial for Buckley's killing delayed because of Google