By Steve Hansen
Prosecutors and defense attorneys in the felony case against Tucumcari pharmacist Bob McClelland agreed Wednesday to set a trial date that will fall within the next six months, if a trial is needed.
Ozymandias Adams, special prosecutor, and Nancy English, McClelland’s defense attorney, agreed to set a trial date at a “status hearing” in the case held Wednesday via video conference in 10th Judicial District Court.
Adams, an assistant district attorney in the Fourth Judicial District Attorney’s office, agreed to prosecute the case after 10th Judicial District Attorney Tim Rose recused himself.
Fourth Judicial District Court Judge Gerald Baca presided over the hearing from a courtroom in Las Vegas, N.M. Baca took the case after 10th Judicial Judge Albert Mitchell recused himself in April.
McClelland is charged with two counts of unlawfully obtaining or attempting to obtain dangerous drugs, one count of violating the controlled substances act, and another count of forgery. All are Class 4 felonies, the least serious felony class under New Mexico law.
The charges involve prescriptions that were alleged to be improperly written for a member of McClelland’s family, according to a “statement of probable cause.”
On Feb. 17, McClelland waived a preliminary hearing and posted a $15,000 unsecured appearance bond in Quay County Magistrate Court, records show.