The attorney now representing a grandmother arrested in connection to the shooting death of her 3-year-old grandson was in court Friday morning asking that the case be sent back to the grand jury.
Attorney Candy Camarena informed the court during a brief hearing that he is filing a motion to remand Rachel B. Spry's case back to the grand jury, and that he planned to do it before the end of the day.
In response, prosecutor Nathan Sorenson, of the Yuma County Attorney's Office, informed the court that the prosecutor assigned to the case, Karolyn Kaczorowski, intends to write a response to the motion, but is out of town until the beginning of next month.
Because of this, Sorenson said Kaczorowski was requesting that the court extend the deadline she had to reply to the motion for five days after her return to the office, which the judge agreed to do.
As a result, Superior Court Judge John Nelson, who is presiding the case, set it for a final management conference at 8:30 a.m. on July 26.
“We will take up the situation at that point,” Nelson said. “There may be another hearing I have to set. So if I do, I will set it for that day as well.”
Spry is charged with five felony counts: second-degree murder involving domestic violence; misconduct involving a deadly weapon, specifically a gun; possession of dangerous drugs (methamphetamine); possession of drug paraphernalia (packaging); and reckless endangerment of a minor involving domestic violence.
She is being held in the Yuma County jail on a $500,000 bond.
According to the Yuma Police Department, officers were dispatched to a residence in the 1200 block of 11th Avenue in early May in response to a report of a child having been shot.
A 3-year-old boy, identified by YPD as Darrien Nez, was transported to Yuma Regional Medical Center by emergency personnel and later pronounced dead.
Court records indicated that Spry had been staying at the residence to help her daughter pack for a move.
Spry owned a 9mm handgun, which was inside a backpack. She said she was packing the bathroom that morning and placed the backpack on top of a clothes dryer. Court records indicated that Spry said she saw her grandson come into the room but continued with her packing.
According to court records, Spry said she heard the gun go off about five minutes later and that when she looked over, she saw her grandson lying on the floor, bleeding from the nose. Court records did not indicate how the child got the gun.
Court records also indicated that Spry admitted to using methamphetamine the day before at about 11 p.m. and placed the pipe she used to smoke it in the same backpack as the gun.