Clyde waives preliminary hearing; murder case sent straight to district courtAug 4, 2015 By Eric Blom, Staff Writer
The murder case against the man accused of a fatal shooting July 18 in Riverton is headed to district court. Defendant Roy Clyde, 32, of Riverton, waived his preliminary hearing Monday.
He did not say why he waived his right to a hearing.
"I consent to the court making a finding that probable cause exists to believe the crime with which I am charged may have been committed, and I may be the person who committed the crime," Clyde wrote in a court filing. "I do not however, admit by signing this that I committed the crime."
In felony cases, prosecutors normally have to prove during a preliminary hearing that they have evidence showing probable cause. If they succeed, the judge binds the case over to district court.
Preliminary hearings give defendants a chance to argue that the charges against them are not warranted. If the defendant's argument is accepted, his or her case may be thrown out, or charges may be reduced.
By waiving his preliminary hearing, Clyde is allowing Circuit Court Judge Wesley Roberts to send the case directly to district court. Roberts had not yet signed the order to do so by early Tuesday morning.
The next step in the defendant's case would be an arraignment in district court. At his arraignment, Clyde would enter a plea, such as guilty or not guilty.
If he pleads guilty, the judge could convict him and set a sentencing hearing.
If Clyde pleads not guilty, the judge would schedule a trial.
The Fremont County Attorney's Office charged Clyde with first-degree murder and attempted first-degree murder. Investigators say Clyde entered the Center of Hope detoxification and rehabilitation facility during the afternoon of July 18 and shot Stallone Trosper, 29, and James "Sonny" Goggles Jr., 50, in the head, killing Trosper and sending Goggles to the hospital.
Investigators said Clyde gave officials a full confession after the shooting. He reportedly told detectives that he was targeting homeless people and that his actions were not based on race.
Family members of the deceased have said Trosper was not homeless, and the Northern Arapaho Tribe is calling for the incident to be investigated as a hate crime at the federal level.
In an interview, Stephanie C'Hair, a Goggles family member, said Goggles underwent immediate surgery to remove bullet and skull fragments from his brain, but he might not be able to walk again. He could be blind in his right eye and partially blind in his left.