HIT-AND-RUN

Lodge. Adrian Ponce, 26, was killed in the incident, and at least four others were injured, including Rock Rest employees.

Investigators believe Avila, the truck’s owner, was a passenger during the incident outside e Rock Rest. He’s been charged with one felony count of accessory to a crime.

Meanwhile, the District Attorney’s O ce led 17 charges against Marquez, including rst-degree murder, vehicular homicide and multiple assault charges. Marquez is being held at the Je erson County jail without bond, and his preliminary hearing is set to conclude March 14.

Because Marquez’s preliminary hearing was ongoing, he hasn’t entered a plea in the case yet or been scheduled for trial, Judge Lindsay

VanGilder emphasized during Avila’s pretrial conference.

However, based on Marquez’s preliminary hearing, his defense attorneys are promoting the theory that Avila was the one driving the truck when it hit the crowd.

VanGilder stated: “At a joint trial, Mr. Marquez would be pointing the nger at Mr. Avila, and he’s only charged with the accessory, and he’d legally only be defending the accessory crime. But, to a jury, he’d be left to defend an impression that … he was the driver.”

She recognized that having separate trials, if Marquez’s case proceeded to trial, would have duplicative evidence and create “di culties for the victims and the survivors of the deceased victim.” In general, she agreed with the prosecution that trying the cases together would be the most economical route.

However, she continued, “My fear is that to deny this request (to sever

Avila’s case from Marquez’s) would create an appellate record … and require retrials for both defendants, thus leading to three trials total.” us, she granted the defense’s request for a separate trial, and scheduled Avila for two hearings ahead of his jury trial. e rst is a pretrial conference at 10:30 a.m. May 1, and the second is a motions hearing at 8:30 a.m. May 12.

The Oct. 9 incident e arrest a davits for Marquez and Avila describe how the two and another man rode together in Avila’s truck to e Rock Rest Lodge on Oct. 8. ey had several mixed drinks throughout the night, and reportedly talked to another group “about gang issues.” Accounts vary on whether the discussion was light banter or more contentious.

Around 1:30 a.m. Oct. 9, a verbal confrontation between Marquez’s group and the other group outside reportedly escalated into a ght. Some witnesses described a man matching Marquez’s description as getting into Avila’s white truck and driving it into the crowd, with one witness telling investigators, “ e way he swerved into people was on purpose.”

Several Rock Rest patrons and employees were injured, and 26-yearold Adrian Ponce was killed. Of those who were injured, four were transported to the hospital, including two bar employees. All were expected to make full recoveries.