Christian Rivera-Pica and Joel Pagan-Garcia (Photos courtesy: Brown County Jail)
GREEN BAY, WI (WTAQ-WLUK) — Two defendants in a November 2023 murder will be allowed to share an attorney, but it still hasn’t been decided if they will be allowed to stand trial together.
Christian Rivera-Pica, 41, and Joel Pagan-Garcia, 40, are charged with party to the crime of first-degree intentional homicide for the murder of Carlos Otero-Aviles on the west side.
Typically, defendants have their own attorneys, as they may have differing defense strategies, offers from prosecutors, and the evidence against them may not the same.
However, after extensive questioning in court Monday, Rivera-Pica and Pagan-Garcia both agreed they would waive the conflict of interest to allow attorney Heather Richmond to represent them both.
Pagan-Garcia is currently scheduled for trial Dec. 1, while Rivera-Pica has a Dec. 8 trial date set. The defense has asked that they stand trial together.
However, Assistant District Attorney Bryant Dorsey said there may be some evidence yet to come which could mean separate trials would be needed. Rather than decide now, Judge Tammy Jo Hock postponed a decision on that motion until Nov. 5.
The shooting happened Nov. 3, 2023 in the parking lot of an apartment complex in the 1700 block of Western Avenue. Witnesses said the incident took place during a party. No one else was injured.
Rivera-Pica denied involvement in the shooting to police. He said he buying beer at the time of the shooting, but police could not confirm the alibi with the stores, according to the criminal complaint.
Pagan-Garcia also denied involvement in the shooting.
Otero-Aviles told bystanders “Christian did it,” before he was taken to the hospital.
Phone GPS records placed Rivera-Pica at the shooting scene at the time of the incident, the complaint states.
Otero-Aviles was shot in the abdomen, causing his death, according to the autopsy cited in the complaint.
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