WINNEMUCCA — The trial for a man charged with the August 2009 shooting death of his wife has been delayed due to the inability of the prosecution to get the results of evidence analysis from the Washoe County Crime Lab.

David Morton, 50, was in 6th Judicial District Court on Monday for a pretrial conference.  He previously pleaded not guilty to open murder. Morton contends, through his attorney, Richard Molezzo, of Reno, that the rifle fired accidentally and the shooting was not intentional.

However, neither side can get the firearm analyzed because it’s still in the custody of the WCCL, which is reportedly understaffed and backlogged.

DELAY IN EVIDENCE ANALYSIS:  Chief Deputy DA Brian Williams noted for the court the WCCL firearm expert resigned in December and the other examiner has to send her work to the crime lab in Las Vegas to have it checked, which has strained resources.

Judge Richard Wagner agreed the backlog at the WCCL was a problem and not just because of the delay in examining evidence. He noted staff are not always available to testify about their findings and tend to prioritize Washoe County cases over those in the rurals.

Wagner commented, “I just went through this in Lander County where we went for, it had to be a year, year and a half, trying to get lab results of this nature from the crime lab. And every time we scheduled something no one was available to come out.”

Wagner suggested the prosecution find an independent lab to do the work, since the county has to pay for it anyway, to get it done in a more timely fashion.

The defense plans to have the gun examined independently and is also waiting for the WCCL.

The June trial date was vacated and rescheduled for Sept. 13-24 to allow more time to have evidence analyzed.

BAIL:  The issue of bail was also raised during proceedings. Molezzo asked for a no-bail release.

Testifying on behalf of the defendant was his stepbrother, Scott Randall Upshaw. Morton’s mother and stepfather were also in the courtroom but did not testify.

Upshaw described Morton as a long-time Winnemucca resident with a good work history. When asked to describe his brother Upshaw replied, “Dave’s awesome … he is a very nice person. He’s the type of guy that would do anything for you.”

Upshaw said he would assist his brother with housing and employment if Morton were released.

However, under cross examination Upshaw acknowledged his stepbrother had a drinking problem.

Ultimately, Wagner denied the no-bail release and set bail at $400,000 – primarily due to the seriousness of the allegations.

During proceedings Wagner remarked, “When somebody’s dead and has been shot at the hands of someone else, I’m assuming that’s a pretty serious offense.”

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Man pleads not guilty to open murder