SAN ANGELO, TX – Marcus McVae, 33, charged with the aggravated robbery of David Rogers Construction Company on March 19, 2016, is prepared to take a plea deal for his engaging in organized criminal activity charge.
McVae, along with another individual, are accused of robbing Fernando Cardenas, who they captured and tied-up with duct tape while he was sleeping in his trailer. The robbers were armed and wore ski masks as they entered the trailer. After Cardenas was duct-taped to chair, he was robbed of his personal property.
McVae previously went to trial in April. However, it resulted in a mistrial due to a hung jury. He is scheduled for his retrial on September 19.
The plea discussion resurfaced today in Judge Weatherby’s court after McVae's court appointed attorney Shawntell McKillop asked to withdraw from the case and no linger represent McVae.
McKillop told the Judge Weatherby she had, “numerous arguments,” with McVae regarding his case. McVae also filed a grievance against McKillop, which is a formal complaint with the State Bar of Texas regarding the attorney's legal counsel, which the county taxpayers are funding.
“I don’t feel I can effectively represent him at this point,” McKillop stated.
McVae spoke of the communication difficulties between him and McKillop while discussing the plea offer made by the prosecution last week. McVae felt he listened to Mckillop's legal advice, however, believed they could not reach an agreement on certain legal issues he requested of her.
“I think it’s unfair to ask [McKillop] to her represent [McVae] in this case while he has a grievance filed against her,” Weatherby declared. “That’s not to say either complaint isn’t valid because [McVae] does have a right to file a grievance.”
Judge Weatherby’s concern with appointing a new attorney was the time crunch of having less than a month to review the extensive evidence in the case and be ready for trial in September. Both parties expected this would delay the trial for six months to a year.
“You understand it’s going to be difficult to get [a new attorney] up to speed on this trial?” Weatherby asked McVae.
He replied saying he wants to avoid delaying the trial any longer.
Regarding the plea offer made by the prosecution last week, Assistant District Attorney Jason Ferguson said the offer of ten years deferred adjudication of a offender (that is, previously convicted) would not remain on the table if a new attorney were to be appointed to the case.
McVae then asked to speak with McKillop outside to courtroom about accepting the plea offer. The two returned to the courtroom after a brief meeting and McVae was prepared to move forward with accepting the plea deal.
Judge Weatherby decided to schedule the plea hearing at 2 p.m. today. LIVE! will provide an update when the more information becomes available.
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