The trial date for the two suspects charged in the fatal shooting at a north Boulder mobile-home park last year has been pushed back yet again.
Cody Nelson, 52, is charged with first-degree murder in the shooting death of Andrew Duncan, while Miriam Nayeh, 32, is charged with accessory to murder.
The two originally were set for a joint two-week trial on Jan. 17, which was then pushed back to April.
But that April trial date has now been canceled as the court awaits the result of a mental status evaluation of Nelson. Nelson’s attorneys have hinted he may be considering an insanity plea.
Nelson is being held without bond at the Boulder County Jail while Nayeh is free on $100,000 bond.
First-degree murder carries a mandatory life sentence without the possibility of parole, while the accessory charge is a Class 4 felony that could carry two to six years in prison.
Nelson is accused of shooting and killing Duncan, 31, at a mobile home park at 4475 N. Broadway on Feb. 5, 2016. Detectives said that the investigation into the shooting was hindered by an inability to collect evidence that Betmatik Nayeh allegedly tampered with.
According to an arrest affidavit, Nayeh said Duncan was abusive toward her and that she then began staying with Nelson. Nelson told police that Nayeh is his daughter, but that he only met her within the last year.
On the morning of the shooting, Nelson told police, he heard Nayeh scream, and saw Duncan assaulting her and then dragging her out of the trailer. Nelson told police he grabbed his handgun and shot Duncan nine or 10 times while he was on top of Nayeh outside the trailer.
But a witness to the shooting told investigators that Duncan appeared to be walking away from the trailer and that Nayeh was the one following him. The witness said she was trying to get a backpack from Duncan, and was holding onto his back, according to the affidavit.
The witness said that, at that point, Nelson walked up to Duncan and shot him while they were standing face to face, and then shot him several more times once he was down on the ground.
Mitchell Byars: 303-473-1329, byarsm@dailycamera.com or twitter.com/mitchellbyars
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