James Ashby's motion hearing lasted two days at Otero courthouse in La Junta.This hearing decided what could and could not be presented in front of the jury come January.
Prosecutors say Jack Jacquez Jr. was shot in the back, but the Defense spent most of Tuesday saying there are discrepancies in the autopsy report. The defense suggests the victim may not have been walking away from Ashby.
Wednesday the council focused on Ashby's history of reportedly using excessive force as a cop in Walsenburg. Around 10:45 AM everyone was asked to leave the courtroom while the Attorneys discussed these details.
The prosecution also brought up four different complaints filed against Ashby while he was a cop in Walsenburg. The judge will decide next week at another hearing if that can be used at his trial in January.
In court documents read by KKTV 11 News, James Ashby tried to get hired on by two other police agencies, but they said he didn't meet the criteria.
Ashby will be in court again on Friday, October 30th.
It's been a year now since a southern Colorado man was shot and killed inside of his home by a police officer.
Former Rocky Ford Police Officer James Ashby is expected in court Wednesday. It's going to be a three-day motion hearing.
Ashby is no longer a police officer, and has plead not guilty to second-degree murder.
His attorney, Michael Low, told 11 News a few months ago that they are not ruling out the possibility of a discussion of a plea deal.
"The prosecution has not presented us with the plea deal yet but we spoke with the prosecution in order to have discussions about that in the near future," Low said.
James Ashby is accused of shooting and killed 27-year-old Jack Jacquez inside of his Rocky Ford home last October.
Ashby reportedly thought Jacquez was a burglar. Witnesses reported hearing Ashby yell out "Drop the bat."
However, Jack's mother, Viola Jacquez was inside the home at the time. She said Jack just returned home from babysitting and that he was just holding a skateboard. At that time, Ashby allegedly barged in the home and shot him in the back.
11 News talked with Viola. She wants justice for her son.
"Show him that he is guilty, he did wrong, and he will not do it to anyone else ever again. No one will get hurt by him,” she said.
Ashby's court appearance is at 8:30 a.m. Wednesday. 11 News will have a crew in the courtroom. Check back for updates.