DAYTON—Outside Superior Court last week, Benjamin Orozco’s attorney, Jane Richards, said Orozco’s poor health and the difficulty in locating material witnesses are responsible for the lengthy amount of time it is taking to bring him to trial.

Richards said Orozco has suffered ill health ever since being held in a Mexican jail in 2016 while awaiting extradition to Columbia County to answer to charges stemming from the shooting death of Lance Terry and the wounding of David Eaton, for which he has plead ‘not guilty’.

Since Dec. 2016, Orozco has been in a medical unit at the Washington State Penitentiary in Walla Walla, Richards said.

Richards said Orozco has had hernia surgery, an allergic reaction to antibiotics at the end of 2018, and he suffers from an ongoing leg infection.

“My client’s health comes first,” Richards said.

Speaking from the penitentiary last Wednesday, Orozco told the Court, during a pretrial conference, that he has only had one CT scan and one visit to see a physician for the infection in his leg.

“The infection in his leg is significant,” Richards said. “Medical care should come first before the trial hearing.”

Richards said the defense’s investigation has also been hampered because of the age of the crime, which happened over twenty years ago, and the difficulty in locating material witnesses.

She said David De la Rosa, an acquaintance of Orozco’s who was with him during the confrontation with Eaton and Terry, fled the area. He was later picked up on a federal warrant in 1998, deposed by then-Prosecuting Attorney Scott Marinella, posted a $50,000 bond, and was released.

Richards said that although she has spoken with De la Rosa “a long time ago,” it was only this past September that her team was able to interview him.

At the pretrial conference on Wednesday, Richards asked the court to strike the Jan. 27 trial date to allow additional time to bring an expert witness on board.

County Prosecuting Attorney Dale Slack agreed to the request, saying he just stepped into office on Jan. 1 and, although he is aware of the costs associated with the case, he thinks the seriousness of the crimes and Orozco’s ongoing health problems warrant a later trial date.

Because of a mutual aid agreement with the Department of Corrections, there is no cost to the county for housing Orozco, but his medical care has cost the county roughly $36,000.00, according to Columbia County Sheriff Joe Helm.

A pretrial conference has been set in Superior Court for Feb. 20. Barring other delays, the trial will take place on March 11.