PITTSFIELD — The alleged gunman in the October Mountain State Forest shooting of Nick Carnevale will go on trial as planned beginning Monday.
Luis Delvalle-Rodriguez had been scheduled for a plea offer hearing on Friday, but that proceeding did not go forward after he apparently opted not to change his plea.
Instead, prosecutors along with lawyers for Delvalle-Rodriguez and his co-defendant, Christopher Frazier, addressed a series of pretrial motions that set guardrails around the process of selecting a jury and eliciting testimony from witnesses during next week’s trial.
Judge Maureen Hogan acknowledged that she was aware that there was a possibility of a plea for one of the defendants, then confirmed with the parties that the case is on track for trial.
“Your honor, I believe this will be a trial,” said Assistant District Attorney Joseph Yorlano, who is prosecuting the case with Assistant District Attorney Amy Winston.
After the issue was raised earlier this week, Yorlano said that prosecutors will not be calling Nick Carnevale to testify after all about the evening he was shot twice in the head, causing life-threatening injuries.
Four defendants were charged in connection with the shooting, with prosecutors alleging the assault was a joint venture by the men. The first two defendants, Kevin Nieves and Daquan Douglas, were tried in March.
A jury found Nieves guilty of most charges, including armed kidnapping, and a judge sentenced him to up to 25 years in prison. Jurors acquitted Douglas of most charges except for a single count of lying to the police, for which a judge sentenced him to four years in prison.
Attorney Alfred Chamberland, who is representing Delvalle-Rodriguez, said that he will argue that his client fired the shots that gravely injured Carnevale in order to defend Douglas.
“We’re not going to dispute that he was the shooter,” Chamberland said.
Prosecutors plan to introduce a “hot mic” recording captured by a cellphone on which Delvalle-Rodriguez allegedly admits he shot Carnevale after Douglas was stabbed.
Delvalle-Rodriguez and Frazier were each indicted in Berkshire Superior Court and arraigned in 2018. They pleaded not guilty to a number of charges, including armed kidnapping. Jury selection is scheduled to start on Monday.