LOGAN — Monday’s sentencing for Cade Austin, who previously pleaded guilty to attempted murder and aggravated assault, will be postponed so the defendant can seek a new attorney. The 31-year-old Preston, Idaho man was arrested last winter for shooting at first responders during a traffic accident near Lewiston.
Austin appeared in 1st District Court Thursday afternoon.
Public defender Bryan Galloway asked the court to be released as Austin’s attorney so that the defendant could hire private council.
Austin had previously written a letter to Judge Kevin Allen describing his disagreements and displeasure with Galloway’s work.
Judge Allen questioned Austin’s intentions saying, not getting along with your attorney is not an excuse to get a new one. He said, he had worked with Galloway for seven-to-eight-years and seen that he gives good solid legal advice.
Austin said he didn’t want to attack Galloway’s charcter but would like to change counsel.
Judge Allen said Austin had the absolute right to hire any attorney and should be afforded every opportunity, considering the seriousness of the charges.
In May, Austin pleaded guilty to attempted murder and aggravated assault, both amended to second-degree felonies. As part of the deal, prosecutors dropped the remaining charges.
On December 15, Austin was driving a Pontiac Sunfire, northbound on US-91, when he ran off the road, striking a gas line and coming to a stop in a bar pit. He then brandished a handgun and exchanged gunfire with an EMT who arrived on the scene to treat him.
Austin continued to wave the gun around inside the vehicle while drinking alcohol from a bottle. He was later pulled from the car by SWAT team members after losing consciousness. He was transported to a hospital by ambulance and treated for gunshot wounds to the chest and right shoulder.
Judge Allen ordered Galloway to remain as Austin’s attorney until a new one is hired. He ordered him to appear again in court July 11.
Austin is being held in the Cache County Jail without bail and could face up to 15-years in prison.
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