A Bisbee man in jail awaiting trial since last summer for the death of a bicyclist will wait even longer after he recently requested to change his attorney for the third time and the new attorney wants a different judge assigned to the case.
Noe Jesus Smith Espiru was indicted by a Cochise County grand jury in June 2021 after his car struck a bicyclist near the Lavender Pit mine along State Route 80. The bicyclist, Sergio Lalli, died as a result of his injuries, leading to felony charges of manslaughter, hit and run, and aggravated assault.
At the time of the accident, Smith was the subject of a bench warrant issued in 2020 for failing a second time to comply with the terms of his probation in a 2016 marijuana case. He was also on federal probation for a 2019 conviction involving conspiracy to transport illegal aliens for profit.
Yet Smith’s case stemming from Lalli’s death will likely not be ready for trial until next summer, despite eyewitnesses, physical evidence, and self-incriminating statements.
One reason for the delay is Smith’s displeasure with the attorneys appointed to represent him. The first, Tucson-based attorney David Wilkison, took the case just days after Smith’s arrest and secured two plea offers for Smith to choose from by May.
Either plea would have guaranteed Smith a prison sentence far less than the 25 years he faces if convicted at trial of all three counts. Court records do not address Smith’s reasoning for rejecting those plea deals, but Judge Laura Cardinal granted Wilkison’s request to leave the case following a June 20 hearing.
The next two times Smith appeared in Cardinal’s courtroom he had no assigned attorney. This resulted in the judge considering whether the county staff responsible for making those arrangements should be held in contempt.
Smith finally had a new attorney present at an Aug. 1 hearing, but Smith was not in attendance. That new attorney, Sonoita-based Joe Heinzl, engaged in a new round of plea negotiation.
On Nov. 7, Heinzl advised Cardinal of his difficulty meeting with Smith in jail. Another hearing was set for three weeks later for an anticipated change of plea hearing. Instead, Smith informed Cardinal on Nov. 28 that he would not agree to anything without speaking to another attorney.
Smith also announced he suddenly had resources available to privately hire an attorney instead of using court-appointed defense counsel. With that, the Cochise County Attorney’s Office withdrew the latest plea offer which called for Smith to be sentenced to a 15-year prison term with early release possible after 12.5 years.
Then on Nov. 30, Smith’s case was reassigned to Judge Timothy Dickerson due to Cardinal’s upcoming retirement. Dickerson ordered the parties to appear in his courtroom Feb. 2, but that date is unlikely to remain on the calendar.
On Dec. 1, Bisbee-based attorney Rafael Malaga filed a notice of appearance in the case as Smith’s current lawyer. Malanga also promptly filed a motion to remove Dickerson from hearing the case.
Court officials are now figuring out which Cochise County judge can hear the case. With most of those four judges already booked into spring, it is likely Smith’s new judge will not be able to accommodate a jury trial until June or July 2023.