A man charged with firstdegree murder with deliberate intent has a jury trial scheduled April 26 following a not guilty plea November 30.
Mutual discovery for the case which includes evidence such as recordings, photos or filings will be required 10 days prior to trial, court records show.
Cole Isaac Phillips, 22, had a motion for determination of immunity December 18. Phillips’ attorney Ryan Recker filed the motion and requested an evidentiary hearing in a motion filed in district court. The district attorney’s office filed a response, court records show. District Attorney Angela Marsee said, “Using the defendant’s version he was pushed to the ground, the defendant would have had to get up off the floor, then approach Josh Price who is on the ground and then shoot Josh Price through the head with the projectile lodging in the floor under Josh’s head,” court records show.
The motion for immunity was denied by Custer County District Court on January 29.
Phillips previously appeared in court November 5 with Recker.