By Katharhynn Heidelberg
Journal Staff Writer
Cortez, CO, Sept. 23 - A Cortez man accused of shooting a woman three times is ready to place his fate in the hands of a jury.
Dante Sena, 41, charged with attempted first-degree murder, pleaded not guilty in district court Thursday. His defense attorneys, Pamela Brown and John Baxter of the public defender's office, entered the not-guilty plea in part because there had been little communication with the District Attorney's office by way of a possible plea agreement.
Sena was arrested at the scene of a June 6 shooting that left Melissa Elliott, 35, near death. The incident began when Sena allegedly rammed his vehicle into Elliott's head-on as it was parked on Fifth Street between Market and Chestnut.
According to police reports, Sena exited his vehicle and fired three shots with a 12-gauge shotgun, striking Elliott in the face, neck and arm.
A woman living in a nearby apartment, one of many witnesses, said she saw a man, later identified as Sena, smash the butt of his gun against the windshield "with a passion I can't even describe." She opined that he then seemed overcome, "like he couldn't believe it."
Sena then allegedly removed Elliott from the vehicle and cut at her throat area with a knife. He indicated to police investigators that he had allegedly cut Elliott's throat because she complained she couldn't breathe and he was trying to perform a tracheotomy. Brown introduced at a subsequent court appearance a physician's report, which she said substantiated this explanation.
Police reports and testimony indicated that Sena and Elliott knew each other very well. Sena told detectives on June 7 that he had seen Elliott talking with a second man on Fifth Street, whereupon he drove to his residence on County Road F, retrieved his shotgun, loaded it and drove back into town.
District Attorney Joe Olt originally charged Sena with both first-degree premeditated murder and attempted premeditated murder. However, Elliott, who spent several weeks at St. Mary's Hospital in Grand Junction, surviving, and the premeditated murder charge was dropped.
Elliott, who faces a long recovery and several more surgeries, was present for Sena's preliminary hearing in July despite an attempt by Brown to have her barred from the courtroom. On Wednesday, she was present again and visibly upset before court as she repeatedly asked, "What if he gets off?"
If convicted on the attempted murder charge, Sena could be sentenced to as many as 24 years in prison and fined up to $1 million. Should aggravated circumstances be proven, he could spend as many as 48 years behind bars.
Sena's trial has been set for March 4, 2003, with a readiness hearing slated for Feb. 17, 2003, at 11:30 a.m.
I believe this clown should be crucified next to the Durango-Silverton tracks where the tourists could view his rotting corpse daily and spit at it. At night, the magpies could make a feast of his spleen.
Max, have you followed this story?
Pictures reposted just fyi for all......
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