CANON CITY— A judge agreed Friday to delay a trial in connection with the Sept. 28 shooting death of a 39-year-old Canon City man.


Luciano Casmir Pogorzelski, 24, is charged with second-degree murder and tampering with physical evidence in the shooting death of Richard Fay. Fay’s neighbor called 911 on Sept. 28 and reported hearing a gunshot in the 600 block of Spruce Court where a male was laying on the ground and moaning.


Assistant District Attorney Ashley McCuaig requested a delay in the trial because the Colorado Bureau of Investigation indicated it has not completed testing of evidentiary items for a trail set to start Aug. 19


Defense attorney Tracey Eubanks objected because she said her client has a right to a speedy trial.


Fremont County District Court Judge Ramsey Lama granted a continuance, pointing out that items collected at the scene of the crime, such as a shell casing and clothing had not been tested, plus ballistic testing also has not yet been completed.


"I am granting a continuance outside of speedy trial due to exceptional circumstances. We are in the midst of a global pandemic, which is wreaking havoc on the judicial system including CBI," Lama said.


Lama set a trial to run Nov. 30 through Dec. 10.


According to an arrest warrant affidavit filed by Canon City Police, Fay was shot through the left arm and the bullet went into his chest near the left armpit.


A 9mm Luger shell casing was recovered from the scene. Pogorzelski was arrested Oct. 5 in Gastonia, N.C., where he used to live.


Pogorzelski is being held at the El Paso County jail in lieu of $500,000 bail. He will return to court Aug. 25 for a bail hearing.


Chieftain and Pueblo West View reporter Tracy Harmon can be reached by email at tharmon@chieftain.com or at https://twitter.com/tracywumps. Help support local journalism by subscribing to the Chieftain at https://chieftain.com/subscribenow