Originally created 08/15/98

Grand jury may hear case within month



The case of an Evans man, involved in an FBI probe into the killing of a New Mexico politician, could go before a federal grand jury next month, a U.S. Attorney said Friday.

Daryl Hutto, 27, of Calloway Drive, appeared before a federal judge in Albuquerque, N.M., on Friday afternoon, but waived his right to a preliminary hearing on credit card and ID charges, said Kathleen Bliss, a prosecutor with the District of New Mexico U.S. Attorney's Office.

"An amended complaint has been filed basically asserting that there was probable cause, with respect to Mr. Hutto, on unauthorized use of (a credit card) and also of (falsified) identification," Ms. Bliss said.

The charge for interstate transportation of a stolen motor vehicle was dropped against Mr. Hutto, she said.

Indictments will likely be sought in the case when the next federal grand jury meets Sept. 1, Ms. Bliss said.

Meanwhile, Mr. Hutto is free until his next court hearing to return to Evans on the $30,000 bond set by a federal judge last week, she said.

"I didn't move to modify the conditions of his release," Ms. Bliss said. "He is in the third-party custody of his parents as I understand."

Mr. Hutto and another man, 32-year-old Prentiss Ivory Davis of Augusta, were arrested Aug. 5 by FBI agents in Columbia.

The two were caught using fake IDs and a stolen credit card to try to rent an apartment, authorities said.

Their transportation was a 1992 Oldsmobile Bravada that belonged to Herman Rodriguez, a former county commissioner and homosexual activist in Santa Fe, N.M.

Last seen July 29, at a homosexual night spot in Santa Fe, Mr. Rodriguez was found nude and shot in the back of the head the following day in a ditch near Modale, Iowa.

Neither man has been charged with the death, but a man matching Mr. Davis' description was seen following Mr. Rodriguez out of the night club on the night he disappeared, police said.

Still in the custody of U.S. marshals while being extradited, Mr. Davis has yet to have a hearing scheduled in New Mexico, Ms. Bliss said.

"He's in the pipeline; the marshals have him," she said. "He'll be probably showing up next week sometime."