A preliminary hearing in the case against Thomas Labosky, who is charged with attempted murder and several lesser charges related to a June 3 incident in Buena Vista, was postponed from Monday to Thursday, July 22.
Charges stem from an altercation between Labosky and Greg Farlow of Buena Vista.
The arrest affidavit states Farlow told law enforcement he had been punched and hit with an object as he was putting the BB gun he had been using in the trunk.
He described a man, later identified as Labosky, who rode up on a bicycle, began questioning him and then threatened him with a rock.
Labosky told law enforcement he had heard automatic fire and had asked Farlow to move his targets away from the bike trail.
He said he had seen weapons in the trunk of Farlow’s car.
Labosky admitted hitting Farlow with a stick, which broke.
The court addressed motions filed in the case Monday, which included a prosecution motion to quash a defense subpoena requiring Farlow to testify at the preliminary hearing.
Eleventh Judicial District Chief Judge Patrick Murphy granted the motion, saying the preliminary hearing was a screening device and the court would be able to determine probable cause from the testimony of law enforcement.
A defense motion regarding discovery, including audio evidence and body camera footage that had not yet been turned over to the defense due to a labeling error, was determined to have been resolved.
A ruling in a previous hearing had determined that public defender Magdalena Rosa, Labosky’s attorney, should have visual access to evidence in the case.
While Rosa was able to view some evidence, the two items alleged to have been used as weapons were withheld from her view.
Deputy District Attorney Jeff Lindsey said his understanding was that the items Rosa was to view were those that had not been photographed.
Rosa argued that visual inspection of those items was important to the defense and asked the court to impose a sanction.
Murphy remembered the order as being for all items, but he did not impose the sanction, saying he thought the prosecution’s action a misunderstanding rather than a willful disregard of the court’s order.
The court then addressed a final matter of a defense-issued subpoena of Farlow to produce a .22 handgun allegedly in the trunk of the car at the time of the altercation.
The gun had been returned to him following the preliminary investigation.
Farlow, who appeared at the proceeding, told the court he had not read that part of the subpoena and thus had not turned in the gun as ordered.
Murphy agreed the handgun was potentially exculpatory evidence in two ways, in comparing the sound of the firearm versus the BB gun Farlow said he had been firing, and that Labosky claims he saw the firearm in Farlow’s trunk.
Murphy ordered that the .22 be turned over within seven days.
The preliminary hearing in the case was reset for 1:30 p.m., Thursday.