A Juneau homicide case still is headed for a jury trial early next year. But it may be delayed if an appeals court takes up a rare request to review the case ahead of trial.
David Evenson will stand trial in early February on charges of manslaughter and criminally negligent homicide in the death of Aaron Monette, 56.
Evenson, 51, is accused of punching and kicking Monette in the head June 30 at the Juneau Downtown Transit Center.
Monette died five days later in Seattle.
Evenson’s defense attorney earlier this year moved to get the indictment dismissed because he believed the grand jury was improperly instructed on the elements of the charges.
The trial judge denied the motion to dismiss the indictment.
But Evenson’s defense attorney recently a submitted a rare petition to the Alaska Court of Appeals. If the panel’s three judges agree to review the case, then trial would be postponed while arguments are held on the indictment’s dismissal.