Prosecutor says he’s pressing for September homicide trial

Tenth District Prosecuting Attorney Tim Rose said he is ready to start the trial of Tony Day, the Tucumcari youth accused of killing his adoptive mother and stepsister on Nov. 26.

Rose said he is pressing for a September trial.

"We're ready now," Rose said.

The defense, however, continues to ask for more time. In recent court records, Jeffrey Buckels, the public defender representing Day, said the defense may not be ready for trial until January.

Court records indicate that Rose and Buckels have been consulting with Judge Albert Mitchell on a monthly basis.

Day, who was 14 years old at the time of the incident, will be tried as an adult.

"We have a lot of evidence that in school, he was a good student and a good athlete," Buckels said, echoing what friends, teachers and coaches have said about Day, "but he had a horrific early childhood."

Buckels also said that he is looking into the accused youth's life in the Day household.

"There were a lot of people in and out of that house," Buckels said, because the Days were foster parents.

Buckels said while the defense has amassed significant evidence, that information still must be examined by experts.

New Mexico State Police officials said Tony Day, 14, shot his adoptive mother Sue Day and stabbed her daughter, Sherry Folts, to death on the night of Nov. 26.

Day has been held in the Quay County Juvenile Detention facility since that time, T.J. Rich detention center administrator, said.

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