Dominguez murder retrial set to start in May

Trial is coming this spring for Jimmy Dominguez.

 

May 15 was set as the start date Wednesday by Lyon County Judge Jeff Larson. A competency hearing is slated for March 8.

 

Dominguez was supposed to have a competency hearing Wednesday, but that got moved in part to allow for additional medical reports to be filed and also to let Dominguez receive a round of chemotherapy treatment. Dominguez told the court he suffers from both lymphoma and carcinoma.

 

Dominguez was charged with the murder of Jose Leyva and the shooting of Juan Rosales, Jr., at an Emporia home in 2009. His first trial proceedings in 2010 ended in mistrial, while he was convicted of murder and other charges in 2011. The Kansas Supreme Court overturned both the conviction and resulting sentence in 2014, saying there were faulty jury instructions as part of his second trial.

 

Dominguez is still being housed by the Kansas Department of Corrections, even though the sentences for his underlying convictions have run out. Both Dominguez and his attorney, Joseph Chappas, say they didn't raise any concerns about that arrangement because they felt he would get better medical care in the Kansas City area.

 

Dominguez has had several retrial dates adjusted since the Supreme Court announcement, and at one point the case was completely removed from the Lyon County trial docket.

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Last modified on Wednesday, 11 April 2018 10:16