Dozens of potential jurors were dismissed early Thursday in La Plata County Court when the defendant appeared to be a no-show for his drunken driving trial.
The only problem: The defendant was there the whole time, sitting among the prospective jurors.
As the courtroom emptied with the judge’s thanks, Shilo Crowell, 32, of Arboles, made himself known to the court, according to those familiar with the scene.
The exact details of the mixup were unknown Thursday. Most of those closest to the case couldn’t be reached for comment or didn’t return phone calls, including Crowell and public defense lawyer Paul Warren.
Judge Martha Minot declined to comment, saying it is an ongoing case.
But according to third-party accounts, including District Attorney Christian Champagne, who was briefed on the incident afterward, the defendant was unaware he was supposed to be on the other side of the bar to face trial.
Warren, his public defense lawyer, apparently never met Crowell in person or didn’t recognize him in the courtroom. He tried to call his client, but Crowell apparently had his cellphone turned off, per instructions issued to those in the courtroom.
Minot dealt with the situation in closed chambers, presumably to avoid prejudicing the jury pool. She also never called the defendant’s name, supposedly for the same reason.
About 9 a.m., Minot dismissed the jury panel.
“As most of the people had left, the defendant was actually in the group of people that was in the jury panel,” Champagne said. “He was sitting in the audience among all these people, and never came forward to announce himself as the defendant. He was apparently there the whole time, and the defense attorney didn’t recognize him or didn’t know him.”
Defendants typically meet with their attorneys and have several court hearings before to going to trial, so it’s a somewhat unusual situation.
“That’s a first; I have not seen that one before,” Champagne said. “There have been hearings – this person, I’m sure, has had several court dates prior to the trial, and again, it was just a very odd situation.”
Justin Bogan, head of the Durango public defender’s office, did not immediately return a phone call Thursday night seeking comment.
Crowell’s trial was rescheduled for 8 a.m. March 9.
shane@durangoherald.comAn earlier version of this story misspelled District Attorney Christian Champagne’s first name.
