Saying he’s a suspect in a murder case and could soon face charges in another jurisdiction, the ex-boyfriend of a missing Cody woman is asking a federal judge for more time to prepare his trial on gun-related charges.
Adam Aviles Jr., 26, is charged with being a felon in possession of ammunition, but he could face eventual murder charges as authorities continue searching for his missing ex-girlfriend, Katie Ferguson.
“Mr. Aviles is suspect in a homicide case,” wrote David Weiss, assistant U.S. public defender, in a Thursday federal court filing asking for an additional 70 days to prepare for Aviles’ trial.
More Time, Please
The trial is set for Jan. 22. Though Aviles has a constitutional right to a “speedy” trial, Weiss’ filing argues that in this case, “speedy” goes against the interests of justice.
The January date would not allow Weiss to prepare an adequate defense or deal with the complications of an ongoing murder investigation that also concerns his client, the filing says.
The prosecutor, Assistant U.S. Attorney Paige Hammer, did not object to Weiss’ motion.
“Further, Mr. Aviles may be facing additional charges in another jurisdiction,” wrote Weiss. “And it is crucial that defense counsel and Mr. Aviles are fully informed as to the extent and circumstances of the underlying allegations and the effect that a conviction or plea may have in that case.”
If the government produced “sufficient evidence” against Aviles in any cases outside the ammunition violation so that he wouldn’t dare go to trial, he still would need more time to negotiate a plea agreement, the filing argues.
Never Made It Home
Park County law enforcement agents reportedly found blood, a bullet hole and a loaded ammunition magazine in Aviles Jr.’s Dodge Durango after Aviles made it home to Cody in October with his two daughters — but without Ferguson.
Aviles had gone to Alabama in late summer or early autumn to retrieve Ferguson and their two little girls. They set out for home in early October.
Police spotted the pair in Arkansas on Oct. 5. Ferguson sat in the front passenger seat, and there was no bullet hole in the door, reportedly.
Then in Texas on Oct. 9, police spotted Aviles alone in the vehicle. Body camera footage from that encounter revealed a bullet hole in the passenger door, concealed with tape, according to the affidavit in Aviles’ ammunition case.
A heap of clothing covered the front passenger seat, the document relates.
Relating from an Oct. 11 police encounter in Colorado, the affidavit says body camera footage again showed Aviles alone in his Dodge Durango.
Gas Can Approaches
Park County deputies found and searched Aviles’ Durango in a rural area Nov. 4.
As they documented such oddities as an odor of blood, a garbage bag stuffed with bloody clothes, a missing front seat, a loaded Glock magazine and a taped-over bullet hole, the deputies also encountered a man approaching the vehicle with a gas cannister in his hand, says the affidavit.
They identified the man as Aviles Jr.
Sheriff’s personnel arrested him on misdemeanor drug-possession charges, which enabled Park County authorities to get him into their jail while sorting through the evidence.
But by mid-November, federal officials took over the case, filing the ammunition charge against Aviles — a heftier charge that could buy more time to investigate.
Aviles pleaded not guilty to the ammunition charge Nov. 21.
Not Much Noise Out There
Authorities have not indicated publicly what “other jurisdiction” Weiss meant when he wrote that Aviles may be facing other charges.
The spokeswoman for the FBI’s Denver Office did not immediately return a Cowboy State Daily call Friday.
The Texas Attorney General’s office did not immediately return a voicemail either. The Arkansas Attorney General’s office public affairs line rang without an answer.
Noting that Aviles is no longer in a Park County jail or court system, the Park County Sheriff’s Office declined to comment.
Clair McFarland can be reached at clair@cowboystatedaily.com.
