BOISE, Idaho — Two teenagers charged in connection with a deadly drive-by shooting in West Boise appeared in Ada County court Wednesday, with a judge scheduling their preliminary hearings on separate timelines.
WATCH: Teens charged in connection to deadly West Boise drive-by shooting appear in court
Seventeen-year-old Xavier Fernandez is being charged as an adult with first-degree murder, unlawful discharge of a weapon and destruction of evidence. Eighteen-year-old Ulisses Macareno is charged with aiding and abetting first-degree murder.
Boise police say their evidence indicates Fernandez fired a gun outside a West Boise home during a house party late last month, while Macareno drove the vehicle. Twenty-two-year-old Destiney Gonzalez of Caldwell was killed in the shooting.
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The two cases have been consolidated for a potential trial, but the state argued their preliminary hearings should move forward on different schedules.
"The state's position is these defendants are in different positions," the Ada County prosecutor said.
Prosecutors asked for Fernandez's preliminary hearing to be held within two weeks. His defense attorney objected, saying the defense had only recently received evidence in the case.
"That's frankly absurd. It's a first-degree homicide case. We just got the discovery. I don't know why the state thinks two weeks of subpoenas is appropriate," Fernandez's defense attorney said.
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The judge scheduled Fernandez's preliminary hearing for September 30 with subpoenas. It will be up to the next judge to decide that day whether the hearing moves forward.
Macareno's defense attorney also asked for his preliminary hearing to be postponed for about 30 days. His hearing is now rescheduled with subpoenas, but the date could change because a motion was filed to disqualify the district judge. A pending bond motion will also carry over to his next hearing.
Fernandez is set to return to court September 30, while Macareno's next hearing is scheduled for October 14.
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