DOUGLAS COUNTY, Colo. — A February 2021 trial date has been set for the older suspect accused of carrying out a deadly attack at STEM School Highlands Ranch in May of 2019.
The trial for Devon Erikson was delayed due to the coronavirus pandemic and he was in court Wednesday for a motions hearing. During that hearing, a new trial date was set. It's now set to begin on Feb. 1, 2021, and is expected to last through March 5.
Erickson, who was 18 at the time of the shooting, pleaded not guilty in January and was supposed to go to trial earlier this year. Prosecutors will not seek the death penalty against him.
Three detectives with the Douglas County Sheriff's Office testified during the hearing morning session of the hearing. They talked about their interactions with the suspect inside the school immediately following the shooting and at a hospital the following day. Some of those interviews were recorded.
The defense made the argument that the statements were not voluntary and were instead were made under government coercion.
Prosecutors argued that the suspect volunteered information the detectives without being asked. The judge plan to issue rulings in writing related to this and other various defense motions including one that asks for a change of venue.
Before the 9 a.m. hearing began, defense attorney David Kaplan expressed concerns about the setup of the courtroom due to the COVID-19. He argued that it was challenging to communicate with his client because they could not be seated at the same table due to social distancing guidelines.
He said since the COVID-19 pandemic began he hadn't been in a room with as many people as are currently seated in the courtroom. He also requested that witnesses be able to take off their masks during testimony in order to better judge their credibility. Ultimately due to the conditions, he asked for a continuance.
> The video above details when the younger suspect was sentenced in July.
Prosecutor George Brauchler called the defense request "ridiculous" and said they'd had numerous meetings and phone calls prior to Wednesday's hearing to address concerns.
"We are prepared. We are here, let's do this," he said.
Judge Teresa Slade denied the motion and allowed the hearing to continue. She said the attorneys could communicate with their client through emails or text messaging, something which under normal circumstances is not permitted.
Erickson is accused in the shooting at the Highlands Ranch school that resulted in the death of 18-year-old Kendrick Castillo. Castillo is lauded as a hero for joining other classmates to rush one of the two gunmen.
Erickson's codefendant, Alec McKinney, was 16 at the time of the shooting. He was charged as an adult and in February pleaded guilty to 17 charges:
- First-degree murder for the death of Kendrick Castillo
- Conspiracy to commit first-degree murder after deliberation
- Six counts of attempted murder after deliberation
- Attempted murder extreme indifference
- Second-degree assault
- Conspiracy to commit arson
- Conspiracy to commit burglary
- Conspiracy to commit criminal mischief
- Possession of a weapon on school grounds
- Possession of a handgun by a juvenile
- Two crime-of-violence sentence enhancers
In July, he was sentenced to life in prison with parole plus 38 years. Due to his age at the time of the shooting, the judge had to sentence McKinney to life in prison with the possibility of parole related to the first-degree murder charge for the death of Kendrick. Mckinney received an additional 38 years but had faced a maximum of an additional 408 years on the other charges.
Both suspects were initially charged with 46 separate counts, including two counts of first-degree murder, one count of conspiracy to commit first-degree murder and 31 counts of attempted first-degree murder. Those charges are still pending against Erickson.
SUGGESTED VIDEOS: Local stories from 9NEWS