The judge in the district court has insisted that the Kentucky woman, who is accused of fatally shooting an Uber driver, must appear at her trial. This decision comes despite her attorney’s assertion that she is experiencing significant health problems, which make it impossible for her to travel to El Paso.
During a status hearing on December 3rd, Judge Maria Salas-Mendoza displayed clear signs of frustration. The hearing was held for the murder case of Phoebe Copas, a 50-year-old woman accused of fatally shooting Uber driver Daniel Piedra Garcia, aged 52. The incident took place on June 16, 2023, as they were driving southbound on U.S. 54 in South-Central El Paso.
The hearing at the Enrique Moreno County Courthouse in Downtown El Paso lasted for less than five minutes in the 120th District Court.
“I believe that I heard enough with regard to the defendant’s condition that I don’t have sufficient information that her condition is any worse today than it was at the time of the incident or at any time prior to that,” Salas-Mendoza told defense attorneys. “We are set for trial next Monday. I expect you all here ready for trial.”
Copas was ordered by Salas-Mendoza to appear at her trial set for Monday, December 9th.
“I will see you on Monday,” Salas-Mendoza stated firmly. “It is crucial that Ms. Copas be present, otherwise her participation will be forfeited.”
Copas is currently residing in Kentucky while awaiting trial, after being released on bond. However, if Copas fails to appear in court for her trial, Salas-Mendoza will be required to forfeit the bond and take necessary steps to have Copas arrested and extradited back to El Paso.
Salas-Mendoza has issued an order in response to the various motions filed by Copas’ lead defense attorney, Matthew James Kozik, who has been raising concerns about his client’s medical issues during court hearings.
Copas is currently battling with several severe health issues, such as heart failure, kidney complications, and frequent episodes of losing consciousness due to medical complications, as shared by Kozik. Over the past few weeks, Copas has been found unconscious on multiple occasions.
Judge concerned over media coverage of the murder case
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Salas-Mendoza expressed her concerns about the attorneys involved in the case discussing it in the news media.
The defense attorneys were the focus of the judge’s concerns. Nonetheless, both Kozik and El Paso District Attorney Bill Hicks have granted interviews to reporters while the case is still pending trial.
There is currently no gag order in place in the case, which means that defense attorneys and state prosecutors are not prohibited from discussing the case publicly.
Kozik chose not to comment following the hearing, expressing that “we are committed to complying with and honoring the court’s orders. The court has provided instructions to restrict our discussions regarding this case. We genuinely respect the court’s directives and will continue to adhere to them.”
Hicks did not respond to a comment request right away.
Jury selection for the trial is scheduled to start either on Friday, December 6 or Monday, December 9. Typically, it takes around a day to select a jury, and the opening statements are expected to begin on the following work day.
Kozik filed a motion for continuance on Monday, December 2nd, requesting a postponement of the trial until Copas is given clearance to travel by her doctors. Salas-Mendoza did not address the motion during the hearing. According to court records, a hearing is scheduled for Thursday, December 5th, to discuss the motion.
If Copas is found guilty of murder, he could potentially face a life sentence in prison.
Copas claims she was being kidnapped, prosecutors dispute the allegation
Copas hired Piedra at approximately 2:20 p.m. on June 16, 2023, to transport her to the Speaking Rock Entertainment Center in the Lower Valley, where she planned to meet her boyfriend.
Copas claims Piedra attempted to abduct her and transport her to Juárez when they were driving on U.S. 54 southbound, so she shot him in self-defense from the back passenger seat of Piedra’s grey Nissan Maxima.
According to Kozik, Copas claimed that Piedra informed her that they were going to a fair in Juárez. Despite her expressing her reluctance to go, Piedra accelerated and persisted in driving at a dangerously fast pace (El Paso Times, November).
In a moment of fear for her safety, Copas instinctively drew a brown and silver revolver and fired a single shot at Piedra, striking him on the right side of his head, as described by Kozik.
“She didn’t just point the gun and shoot him,” Kozik said in November. “That is not what happened. She told him she didn’t want to go to Juárez. She tried to escape for several minutes. She just wanted to get out of the car. She feared for her life.”
The prosecutors from the El Paso District Attorney’s Office have consistently argued that there is no evidence in the case to suggest that Piedra was kidnapping Copas.
Hicks criticized Copas’ actions as “extremely unreasonable,” in an interview with the El Paso Times in November.
“(Kidnapping) has been her claim from the very beginning,” Hicks said. “She called an Uber, the path that he was going, everything that was happening that (afternoon) does not give rise to a reasonable person’s belief that they were being kidnapped.”