Mason City man’s murder trial to move forward despite defense counsel wanting delay, defendant objected
MASON CITY — A motion by the lawyer representing a Mason City man charged with murder wanted to have a delay in the trial, but that motion has been denied by a judge after the defendant wanted his trial to move forward.
38-year-old Benjamin Gonzalez is accused of the shooting death of 36-year-old Michael Creviston on the night of March 31st in the area of 3rd Northwest and North Jefferson. A criminal complaint states that Gonzalez fired a handgun with pre-meditation at Creviston, striking him fatally in the torso. Gonzalez was arrested the following Monday after a standoff with authorities in Algona.
Gonzalez’s trial is scheduled to start on August 10th, but his attorney, Parker Thirnbeck, in a motion filed on Monday asked for a continuance because the case he says would not be ready for trial by that date. He says the defense has received new evidence as recently as July 21st and the initial Division of Criminal Investigation report on July 2nd. He says there was a significant amount of discovery without sufficient time to review all the material prior to the trial date.
Thirnbeck says while it’s the position of the defense counsel that additional time is necessary to prepare the defense in the matter, Gonzalez resisted the motion and wished to proceed forward with the trial date as set.
Gonzalez pleaded not guilty to the charge in late April and waived his right to a speedy trial, but he withdrew his waiver on May 25th and redemanded a speedy trial within 90 days.
District Judge DeDra Schroeder in a ruling issued today says since Gonzalez does not agree to a continuance in the case that the motion to continue is denied and the trial shall proceed starting on August 10th.
If convicted of first-degree murder, Gonzalez would face the rest of his life in prison without the opportunity for parole. Gonzalez remains in the Cerro Gordo County Jail on $1 million cash-only bond.