Duo waives ‘speedy trial’ rights in separate cases

SUBLETTE COUNTY – One defendant requested more time for a “potential resolution” other than his scheduled Nov. 15 jury trial in 9th District Court.

Another defendant, next in line for the same trial lot, voluntarily waived his right to a speedy trial within 180 days of his arraignment.

Jay E. Van Wagoner, of Casper, was first in line for the Nov. 15 trial date, with a pretrial conference planned for Oct. 25.

He allegedly sold 2 ounces and then 4 ounces of cocaine in April and May to a confidential informant in Sublette County in recorded buys, according to an affidavit. He was charged with two counts for delivery of cocaine and two for its illegal possession, court records show.

Van Wagoner pleaded not guilty in 9th District Court on June 17 and was released on his signature for a $90,000 cash bond.

On Oct. 7, public defender Rachel Weksler moved to continue the pretrial conference and trial “for the reason that counsel … require additional time to discuss potential resolution.”

Judge Tyler vacated both, ordering Van Wagoner to comply with bond and release conditions and appear for any court hearings.

Alex W. Smith, who was second in line for the Nov. 15 trial slot, asked the court to set a later trial date “at a time convenient for all parties.”

Judge Tyler had vacated Smith’s trial, if he became first in line for Van Wagoner’s trial date due to current COVID-19 courtroom restrictions.

Smith was charged with the July 14, 2020, death of a Colorado man after his Ford F150 truck crossed Highway 191 near the Hoback Rim and collided with a Mustang driven by Gerald Fagerhaug of Colorado.

A seriously injured Smith was life-flighted and Fagerhaug was killed in the collision.

Smith faces charges of aggravated vehicular homicide, alcohol, and aggravated vehicular homicide, reckless driving. He was arrested in late April and brought to Sublette County, where he pleaded not guilty.