Absarokee homicide trial delayed
The trial of a former Absarokee man accused of a 2013 negligent homicide has been delayed due at the request of prosecutors due to a recently filed "alibi defense."
The negligent homicide trial of Michael Holtz was slated to begin today, Monday, Dec. 7. Holtz is charged with the negligent homicide of 27-year-old Forest Dana in the early morning hours of July 28, 2013.
Stillwater County Attorney Nancy Rohde filed a motion to vacate the trial date on Dec. 4, citing the newly raised alibi defense.
"As common sense should suggest, it is obvious and apparent that the state will require additional time to research, investigate and prepare argument for this newly-raised alibi defense," Rohde wrote in the motion.
In a court document filed on Nov. 3 by defense attorney Bob Woodward, an additional witness was added to the trial list to include Ron Cummins, who is Woodward's investigator. Information from Cummins supporting an alibi defense was given to prosecutors and lead law enforcement in the case on Oct. 31, 2015, according to court documents. Other evidence supporting the alibi "consists primarily of the security video of the 5 Spot Bar," according to court documents.
Case
Holtz is charged with the negligent homicide of 27-year-old Forest Dana in the early morning hours of July 28, 2013.
Dana was found by family members in the alley directly behind their home.
A medical examiner determined that Dana was killed when his spinal cord was severed as the result of being run over by a vehicle, according to court documents.
There was also alleged medical evidence, according to court documents, that someone may have tried to perform CPR on him.
Authorities contend DNA evidence links Holtz to the killing, as well as multiple witness statements who told investigators they saw Holtz, or a vehicle matching the description of the one he drives, speeding down the alley and elsewhere that night, according to court documents.
Holtz is also charged with one count of tampering or fabricating physical evidence by allegedly crashing his car to cause additional damage.
He was arrested and pleaded not guilty to both counts in July 2014. He is free on $250,000 bond. Under a joint stipulation between prosecutors and the defense, the trial will be held in Carbon County.
The case was jointly investigated by the sheriff’s office and the state’s Criminal Investigations Bureau (CIB). Assistant Attorney General Joel Thompson is also co-prosecuting the case.