Preliminary trial for teen charged in deaths of two family members waived

A preliminary trial scheduled for Friday for a local teen who has pleaded not guilty in connection to the deaths of two family members has been waived.

Tony Day, 14, remains in the Quay County Detention Center juvenile section charged with two open counts of murder in the

Nov. 26 deaths of Sue Day, 67, and her daughter Sherry Folts, 49, at the family home on Quay Road 63.

The motion to waive the preliminary hearing and the two pleas of not guilty were filed by Day's attorney Jeff Buckels on Dec. 13, in the Tenth Judicial District Court.

Buckels, senior attorney of the New Mexico Public Defenders Department, Capital Crimes Division, has also requested confidential Children's Youth and Family Departments, records regarding Day's adoption and foster life.

Buckles was not available immediately for comment.

Day didn't appear in District Court, but was arraigned by telephone Dec. 10, said District Judge Albert J. Mitchell Jr.

According to court documents, a jury trial date has been set for July 29 in Tenth Judicial District Court in Tucumcari.

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