Local attorney explains why suspected killer was released from jail

NOW: Local attorney explains why suspected killer was released from jail

ST. JOSEPH COUNTY, Ind. --- An Elkhart man, who is charged with the murder of a local man shot to death outside of University Park Mall, was released January 12 after filing a speedy trial motion. 

Miguel Rosales was charged with one count of murder for the shooting death of Benito Bueno last June. According to the St. Joseph County Prosecutor’s office, Rosales filed a Motion for Speedy Trial last November, giving prosecutors 70 days to take him to court.

“It’s a tactical decision that you make if you know you can be ready for trial within seventy days and you think the state might not be able to be ready for trial and might have to ask for a continuance,” said Stan Wruble, a local defense attorney. “That’s one way to get your client out of custody.”

The court agreed to release Rosales on GPS Monitoring as well as placing him on “pretrial supervision” with the highest level of supervision, officials said. A move that caused confusion for many, including the Bueno family, who said they are “upset and confused.”

“It’s not as if this person is getting away with this case,” Wruble said. “The case is not dismissed he is still facing murder charges, he still will be brought to trial.”

Wruble said Rosales’ motion is covered by federal and state law.

“The sixth amendment to the U.S. Constitution and the Indiana constitution both say there’s a right to a speedy trial,” Wruble said.

Under Criminal Rule 4(B(1)), when a defendant files a motion for speedy trial, the defendant “shall be discharged (released from custody) if not brought to trial within seventy (70) calendar days” from the date of the filing of the speedy trial motion, unless the defendant causes the delay or there is court congestion.

“If you put yourself in an innocent person’s shoes for a minute,” he said. “Someone who’s sitting in jail accused of a crime, they know they didn’t commit, 70 days might seem like a long time to wait in custody.”

The County Prosecutor’s Office released new information Wednesday regarding an eyewitness interview that named “King Red” as the person who shot 27-year-old Benito Bueno to death. According to the Prosecutor’s Officer, this new information “made it impossible to go forward” with the trial “until it was investigated.”

“Sometimes after charges are filed, new evidence is discovered, new leads, new question marks,” Wruble said. “And those need to be explored both by the government and by the defense, so sometimes delays just have to happen so a person can get a fair trial both the state and the defendant.”

According to court officials, a new trial date will be set on January 25.

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