Jay Clements was gunned down at a party in Brier 13 months ago, and his mother said in court Friday she’s ready for some justice.
Dealing with her son’s death has been hard on the family, she told a judge. She urged a judge to go forward next week with the alleged gunman’s trial.
“Another delay would be a greater hardship,” Karen Clements said.
She and other family members will have to wait another month.
The trial of Noel Evan Caldellis, 20, should begin Nov. 4, Snohomish County Superior Court Judge Gerald Knight ruled.
Caldellis, of Seattle, is charged with first-degree murder, accused of firing into a crowd at a party and striking Jay Clements twice. Prosecutors allege that Caldellis acted with “extreme indifference to human life” when he allegedly fired the .357-caliber pistol he carried to a fight.
Caldellis also is charged with second-degree murder, an alternate charge in the Clements shooting, plus two counts of first-degree assault connected to other people in the crowd.
Deputy prosecutor Matt Hunter told the judge that he is ready to go to trial next week, but defense lawyer Raymond McFarland of Seattle said he was not. Knight postponed the trial, which could last as long as four weeks.
Although the Clements family is anxious to have the matter resolved, Knight told the victim’s mother that it could be even worse for her if the trial goes forward and the defense is not prepared. In the event of a conviction, an appeals court could send the case back to Superior Court for a second trial a couple of years from now if there’s not adequate preparation.
“I cannot envision any more continuances whatsoever,” Knight said.
According to court records, four previous trial dates have been continued.
McFarland complained that he has not been able to interview all the witnesses. Up to 100 could testify. He also said he’s waiting for a report from the Washington State Crime Lab on a bullet found at the crime scene.
Jay Clements was among a large number of young people attending a party Sept. 3, 2006. Caldellis and some companions arrived expecting to fight someone at the gathering, according to court documents.
Clements tried to act as peacemaker and break up the fight, documents said.
Clements, 21, attended schools in Mukilteo, graduating from Kamiak High School in 2003. He had been starting his senior year at University of Puget Sound in Tacoma when he was gunned down.
When the fight broke out in the cul-de-sac outside the residence, those at the party spilled out into the street to see what was happening. Gunshots soon rang out. Prosecutors accused Caldellis of firing into the air a couple of times before leveling the weapon at the crowd and firing. One bullet hit Clements in the leg, the second in the chest.
If he’s convicted as charged, Caldellis could be sentenced to as long as 61 years in prison, Hunter said.
Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.
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