PORT TOWNSEND — A new trial has been set for next month for a Port Townsend man accused of shooting at his mother through the back window of her van.
Casey Scott Carter, 25, charged last July with first-degree assault with a deadly weapon, now has a five-day jury trial in Jefferson County Superior Court scheduled to begin April 13.
Carter remained in the Jefferson County Jail on Saturday in lieu of $250,000 bail.
His mother allegedly sustained a bruised shoulder from the bullet, which did not penetrate her skin, according to court documents.
Carter’s trial date was continued for the fifth time on Friday, when defense attorney Sam Feinson of Faber Feinson PLLC said he wasn’t ready to proceed.
“We need to find another expert to complete the testing we need to do,” said Feinson, who added he made the request despite Carter’s objection.
First-degree assault with a deadly weapon is a Class A felony punishable by a maximum of life in prison and/or a $50,000 fine.
Feinson had been seeking approval to have nearly a dozen pieces of evidence released so they could be analyzed in a forensics lab at Kirkland.
Prosecutors have expressed concerns that the tests could potentially destroy the evidence, and they need it to be preserved.
Judge Keith Harper approved a motion Jan. 31 that would allow for the tests to occur as long as a law enforcement officer was present and that the evidence and its chain of custody traveled with the officer.
Carter was arrested at gunpoint about 2:50 a.m. June 28 as he was walking west on Discovery Road.
Police said Carter’s mother had been giving him a ride when Carter pulled out a .38 caliber revolver and held it to his head. His mother, who had been driving near 14th Street and Discovery Road, stopped the van and ordered him to get out of the vehicle.
When Carter got out, he allegedly shot through the back window, according to the police report.
The bullet traveled through the window and the middle row of seats as well as the driver’s seat before it struck his mother’s shoulder, charging papers said.
It was recovered between the woman’s sweatshirt and her skin, the documents said.
The evidence requested to be analyzed included a .38 Special “Blazer” bullet, a Taurus revolver, two .38 caliber bullets found on Carter at the time of his arrest, foam that was taken from the seat of the van, glass found on the road at the scene and from the back window of the van, according to court records.
Feinson said Friday he expects the investigation will conclude in a month.
Harper agreed to set new trial dates and spoke with Carter, who appeared by video monitor from the jail.
Carter confirmed his objection to the continuance of the jury trial that was set to begin March 16.
Harper acknowledged Carter’s preference but granted Feinson’s request, saying Feinson established good cause.
Jefferson County Managing Editor Brian McLean can be reached at 360-385-2335, ext. 6, or at [email protected].