A sentencing hearing for man who is being charged with selling the fentanyl that killed another
man was delayed after he filed a motion to withdraw his guilty plea to a charge of second-degree
murder.
Joseph Rose Tyler Maciel V was scheduled for sentencing August 4 in Third Judicial District
Court. However, Maciel filed a motion on August 1 requesting to withdraw his guilty plea.
During Monday’s hearing, Judge Leon Aberasturi said Maciel filed the motion based on the
performance of his attorney. He was being represented by public defender Kale Brock.
Maciel told the court he was requesting to change counsel and was attempting to get private
counsel.
Aberasturi said he was going to appoint conflict council.
“I’m finding there is a conflict because if in the motion to withdraw he’s basing his motion upon
the performance of his attorney, I certainly can’t have him put on the evidentiary hearing,”
Aberasturi said. “It may turn out at the end he did everything right, but until I hold the hearing,
and I believe there is recent case law that states with a motion to withdraw unless it’s really finite
ground, typically the court has to appoint conflict counsel.”
Aberasturi said he is going to appoint the Department of Indigent Defense, which he said would
probably take two or three weeks to get alternative counsel.
“If you’re seeking to obtain private counsel, you can do that as long as you’re not delaying the
judicial process,” Aberasturi told Maciel.
The judge told Maciel that he’s going to go forward with the case once the Department of
Indigent Defense appoints counsel.
“If you want to substitute in private counsel at that point in time, you need to let the court know,
but I’m not going to delay sentencing out months and months,” Aberasturi said.
Aberasturi said requests for new counsel typically come as part of an effort to delay trial but said
he doesn’t believe he could deny the request on the basis of the timing of the motion.
“This isn’t trial, this is sentencing,” the judge said. “However the timing of it may be suspect, but
I don’t believe I could deny the request on the basis of the timing as it does not relate to trial
being continued.”
Aberasturi continued the matter to a status hearing at 2 p.m. on September 8. He also set an
evidentiary hearing and sentencing on the same day as the status hearing.
He advised the district attorney’s office it needs to file a response to the motion filed August 1. If
the new counsel fils an amended motion, Aberasturi said he would give the State additional time
to respond to any specifics in the motion.”
“And depending on how the motion goes, if I grant the motion there won’t be any sentencing,”
he said. “However, if I deny the motion, I’m not going to waste any more time and going straight
into sentencing, so everybody needs to be prepared on that.”
Maciel was arrested April 24, 2024 on charges of distributing a controlled substance that causes
death and fentanyl possession. On December 11, 2023, Lyon County Sheriff’s deputies were
called to a home in the 3700 block of Citrus Street in Silver Springs for a reported overdose. The
victim, Michael Fernandez of Silver Springs, ultimately died.
In January 2024, toxicology test results revealed that Fernandez died of acute fentanyl
intoxication. The Lyon County Sheriff’s Office began an investigation into the source of the
fentanyl that caused Fernandez’s death. Investigators alleged that Maciel was the suspect who
sold Fernandez the fentanyl and arrested him during a traffic stop on April 24, 2024.
When Aberasturi asked if the district attorney’s office would have any issues with witnesses
being able to come back at a later date to testify, one person in the audience attempted to speak
out.
“I can’t keep doing this,” the man said. “This is getting out of hand.”
Aberasturi responded that he wasn’t going to start taking questions from the gallery.
“Let me just say, I appreciate where you’re coming from, but if I create error by discussing and
taking questions from the audience, I think they’re going to be really unhappy years from now
when the Supreme Court comes back and says Judge Aberasturi shouldn’t have said that,”
Aberasturi said. “I just don’t want to create any error on the record so that’s why I’m shutting
people down. I apologize, but I have to follow legal procedure in what I’m doing here today.”
Haslem said Fernandez’s family is concerned that Maciel is not in custody, especially since he
arrived late to Monday’s hearing. Maciel is out of jail on a $102,500 bail bond.
“He did appear, albeit five minutes late, so I don’t feel that I have adequate grounds,” Aberasturi
said. “If you want to file a written motion, I’ll absolutely consider it, and then newly appointed
counsel would need to respond to your motion.”
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