A Cochise County man in custody since 2017 after fatally shooting another man near Sierra Vista is under investigation for recent threats involving Cochise County’s top judge, who was expected to rule this month on whether the defendant is competent to proceed to trial.
Roger Delane Wilson is suspected of encouraging threats directed at Presiding Judge James Conlogue of the Cochise County Superior Court. The investigation involves Wilson’s actions while confined to the Pima County Jail where he has been held since January 2018 at the request of Cochise County officials.
Wilson, 51, is charged with first-degree murder and several other felonies stemming from the June 2017 death of Jose “JD” Arvizu. He has admitted firing one round from a shotgun at Arvizu but claims it was in self-defense.
On April 28, the Pima County Sheriff’s Department opened an investigation related to threats against Conlogue. The next day, the judge issued an order removing himself from further involvement in the murder case against Wilson.
“Circumstances have arisen which require this judge to recuse himself from this case pursuant to Rule 2.11. Code of Judicial Conduct,” Conlogue wrote. “It is ordered referring this matter to the Court Administrator for assignment to another division.”
Investigators in Pima County aren’t the only ones interested in Wilson’s alleged activities related to Conlogue. Cochise County Attorney Brian McIntyre says he’s working with local law enforcement officials to review the matter to see if charges should be filed in Cochise County as well.
“While the alleged criminal conduct itself occurred in Pima County, the result of that alleged conduct directly affected the Cochise County Superior Court process,” McIntyre told Arizona Daily Independent on Wednesday.
Conlogue’s recusal order also noted that a motion is pending on whether Wilson is competent to stand trial at this time, and if not, whether he should be ordered into a return-to-competency program.
It is the second time Wilson’s ability to understand the charges against him and assist in his defense has been brought before the court in the murder case. In February 2019, Conlogue ruled that Wilson was not competent at that time but was restorable to competency.
At a July 2019 hearing, Conlogue found Wilson was able to proceed to trial in November, although other issues arose to void that plan.
Wilson’s murder case is now assigned to Judge Timothy Dickerson, who has set a May 11 hearing on a motion filed last month by Chris Kimminau, Wilson’s eighth court-appointed attorney. Kimminau took over Wilson’s case in January and is asking that his client be returned to a competency restoration program.
Another restoration process could delay the trial for several months. However, before Dickerson can rule on the competency issue he’ll need to address the fact Wilson recently stood trial in Pima County Superior Court for felony aggravated assault of a government attorney.
That case stemmed from an April 2018 legal conference at the Pima County jail between Wilson and this then-attorney Peter A. Kelly about the Arvizu case. Kelly, 80, suffered facial injuries when Wilson punched him in an attempt to get a new attorney.
Wilson testified in his own defense at the March 10 trial. He was found guilty and then sentenced to 270 days in jail, with a credit for 270 days Wilson was in custody after the attack.
But Wilson has additional legal troubles at this time.
On Dec. 10, the Pima County Attorney’s Office filed charges against him for allegedly making threats against attorney Steven D. West, the seventh attorney appointed to represent Wilson in the Arvizu murder charges.
West took over the case after Wilson was heard on recorded jail calls discussing his desire to have someone harm Jacob Amaru, attorney number six, who initiated the first mental competency evaluation.
The Pima County Attorney’s Office declined to file charges related to the Amaru calls, apparently because investigators believed those who Wilson talked to didn’t take his comments seriously.
The revolving door changes in Wilson’s legal representation since his June 2017 arrest has caused repeated delays in getting the murder case to trial. Multiple attorneys were prepared to file critical pre-trial motions only to run afoul with Wilson’s opinion of how the case should be handled.
Court records show West lasted nearly one year -the longest of any of the attorneys- but the two frequently disagreed in the courtroom. At times, the tension at the defense table led Conlogue to order recesses, and on at least two occasions the judge ordered Wilson to be forcibly removed from the courtroom.
Since late 2017, Wilson has made repeated requests for a new judge. His insistence that he would not get a fair trial with Conlogue on the bench was even addressed in court by the psychologist who worked with Wilson during last summer’s restoration to competency process.
In July 2019, West made an oral motion on behalf of his client asking Conlogue to step away from the case.
“It would make this trial much more workable,” West stated, adding “there would be less worry about side issues.”
But Conlogue declined, noting he saw “no reason to recuse myself.” He also noted he believed Wilson’s outbursts and disruptive behaviors were “purposeful.”
Conlogue is retiring this year after being a judge since 1994. He has served as Cochise County’s presiding judge -the top administrative judge over all courts in the county- since 2013.