Recently discovered and potentially exculpatory evidence has delayed the trial of a Waukesha man accused of killing a stranger. The accused man was scheduled to appear before a jury this week.
Attorneys for Justin T. Carl, who allegedly shot and killed Kevin Hueman in August 2015, last week requested an adjournment of their client's trial, which was scheduled to begin Tuesday, July 12. They based their request on their recent receipt of new evidence — about one terabyte of computer downloads from Carl's electronic devices.
'The defense had not yet had a chance to review the computer information and would need to secure a computer expert to determine if relevant, exculpatory information exists within these downloads,' attorneys Adam J. Schleis and Maura Mcmahon wrote in a motion filed July 8 requesting the adjournment.
According to online court records, prosecuting attorneys Lesli Boese and Kristi Gordon joined the defense's request for an adjournment because one of their witnesses, who is in custody, was unable to be transferred to court in time for the trial due to medical reasons.
A rescheduling of the jury trial was set to be discussed at a review hearing Thursday, July 14.
Accused of murder
Carl, 35, stands accused of first-degree intentional homicide in Hueman's killing.
According to a criminal complaint, Carl shot Hueman, 40, with a 6-month-old son, four times around 8:17 p.m. Aug. 14 last year shortly after Hueman walked outside his North Street home to smoke and watch a thunderstorm that night.
The medical examiner determined all four shots, which hit Hueman in the chest and stomach, were fired at close range.
Authorities have not detailed a relationship between Carl and Hueman or a motive for the killing.
Police recovered a bullet in front of 727 E. North St. and a black Nike shoe near Hueman's body, evidence they said later helped identify Carl as the suspect.
Carl's apartment was a block away from where the shooting occurred, according to the complaint, and he reportedly told his aunt he was responsible for the murder one day after it happened, but later denied it.
He was arrested a few weeks later but had to be rushed to the hospital because he sliced open his throat and wrist when officers surrounded the St. Paul Avenue apartment where he was staying.
Court records indicate ongoing plea negotiations between both parties have thus far been unsuccessful. If convicted, Carl faces a mandatory life sentence.