The murder trial of a Kentucky woman accused of fatally shooting an El Paso Uber driver could be delayed as she is experiencing “serious medical issues” preventing her from flying to El Paso, her attorneys claim.
Phoebe Copas, 50, of Tompkinsville, Kentucky is facing one count of murder in connection with the June 16, 2023 fatal shooting of El Paso Uber driver Daniel Piedra Garcia, 52, as they drove on U.S. 54 southbound in South-Central El Paso.
Copas claims she shot Garcia because she was scared he was going to kidnap her and take her to Juárez.
Copas is out on bond and living in Kentucky as her case remains pending is state district court in El Paso.
Her murder trial is currently set to begin Nov. 12 with jury selection. However, Copas’ attorney, Matthew James Kozik, asked for the trial to be pushed back during a Thursday, Oct. 10, final hearing because of medical issues preventing Copas from coming to El Paso.
A district court judge has yet to rule on the request to move the trial to 2025.
Medical issues preventing Copas from appearing in court in El Paso
The medical issues Copas is dealing with were not discussed during the Oct. 10 court hearing because of privacy concerns. Copas was ordered not to travel by her doctor, Kozik said.
Copas is being re-evaluated by her doctor at the end of December, which could provide a date on when Copas will be cleared by her doctor to fly to El Paso, Kozik said. He added if Copas is cleared to travel by her doctor the trial could be set for early 2025.
Assistant District Attorney Raoaa King said the El Paso District Attorney’s Office has not received any medical documents regarding any health issues showing Copas could not attend Thursday’s hearing or appear for trial in November.
Judge Maria Salas-Mendoza, who presides over the 120th District Court, said she has reviewed the medical documents showing there is a “serious concern” over Copas’ health.
Salas-Mendoza, however, did not grant Kozik’s motion to have the trial moved into 2025. She said the case has been pending since 2023 and prosecutors and defense attorneys cannot continue to push the case back.
More: Trial date set for Kentucky woman charged with murder in El Paso Uber driver’s death
Salas-Mendoza said a hearing will be held within 30 days to address the issue of Copas not being able to attend the trial. The hearing will be held by video conferencing if Copas is unable to travel to El Paso, Salas-Mendoza said. Copas’ doctor is expected to testify about Copas’ health at the hearing.
The hearing will be held in closed court with members of the public not being allowed to attend, Salas-Mendoza noted during Thursday’s hearing. The reason for the closed court hearing is because of concerns with privacy laws since the hearing will focus on Copas’ health conditions, the judge added.
A trial being held with Copas having to appear by video conferencing is unlikely to happen, Salas-Mendoza said.
Salas-Mendoza also set a motion to compel hearing for 2 p.m. Nov. 7, to address any remaining issues regarding evidence before going to trial.
Publicly filed motions claim Copas is facing ‘alarming’ health issues
A motion filed Sept. 23, by Kozik states Copas has “undergone significant medical procedures and has had her travel limited to the local area of her home.”
Copas “was repeatedly hospitalized for health-related matters, receiving both inpatient emergency treatment and continued outpatient emergency procedures,” the motion states.
More: Woman accused of fatally shooting El Paso Uber driver granted split bond
The emergency treatments she has received is because of “various reasons,” including heart failure, kidney complications and “repeated spells of being found unconscious due to medical complications,” the motion states.
Copas’ medical condition is “so alarming” she is under doctor’s orders not to travel because “doing so could put her life as well as the life of others at risk,” the motion claims.
“Medical providers have appeared to signal that should Ms. Copas’ medical fitness improve upon end of the year evaluations that travel restrictions could be lifted within the first few months of 2025,” the motion states.
Defense seeking evidence not turned over by DA’s Office
In a separate motion filed Oct. 4, defense attorneys claim the El Paso District Attorney’s Office has not turned over all pieces of evidence in the case.
That includes what defense attorneys believe was a cell phone found in the driver’s side door panel. State prosecutors claimed the device was not a cell phone, but an iPod, the motion states.
The motion includes a photo of the device. The device has a large screen and button at the bottom. Copas claims as she called 911 she heard the device ring like a phone, the motion states.
Defense attorneys also are asking for razor blades and a crowbar allegedly found in Garcia’s car. The motion claims the items could possibly show Garcia was “restraining Ms. Copas’ freedom” or “kidnapping” her.
“Razor blades and a crow bar were found within reach of Daniel Piedra Garcia,” the motion states. “Defendant Copas alleged in her police interview that Garcia was reaching for something near his seat and demonstrated Garcia’s reach for the interviewing officers.”
The razor blades and crowbar “may be considered a dangerous” weapons, the motion states. The defense is also asking for the items so they can test them for “remnants of drugs, blood, or other matters relevant to this matter,” the motion states.
Defense attorneys also are asking for Copas’ cell phone, police body cameras, dashboard cameras and text messages, and Garcia’s Uber driver data, background report, medical records and bank records.
The El Paso District Attorney’s Office has not filed responses to the motions.
Copas allegedly shots Uber driver over fears kidnapping
Garcia was working as an Uber driver when he picked up Copas about 2 p.m. June 16, 2023, in a gray Nissan Maxima in West El Paso, a complaint affidavit states.
Copas requested a ride to meet her boyfriend at Speaking Rock Entertainment Center in the Lower Valley. Garciaa took U.S. 54 southbound in South-Central El Paso to take Copas to Speaking Rock.
As he drove, Copas saw traffic signs that showed the words “Juárez, Mexico.” The signs allegedly led Copas to believe Garcia was attempting to kidnap her and take her across the border, the affidavit states.
She allegedly grabbed a silver and brown handgun from her purse and shot Garcia in the back right side of his head, the affidavit states. Copas was legally licensed to carry a weapon.
The Nissan then crashed into roadway barriers before coming to a stop on the freeway. The crash site was “not in close proximity of a bridge, port of entry or other area with immediate access to travel into Mexico,” the affidavit states.
Copas allegedly took a photo of Garcia after he was shot and sent it to her boyfriend via text message before calling 911.
More: Uber driver dies after being shot on US 54; woman now charged with murder
She was arrested on suspicion of aggravated assault causing serious bodily injury. The charge was upgraded to murder after Garcia died from the gunshot wound.
Kozik claimed during a June 29, 2023, bond hearing that Garcia told Copas he was taking her to “la feria,” or the fair, in Juárez. Kozik argued because of national media coverage of violence in Mexico, Copas had a “founded fear” she was being kidnapped. Copas acted in self-defense and shot Garcia because she feared for her life, Kozik claimed.
El Paso County District Attorney’s Office prosecutor Shantal Ortega argued during the June 2023, bond hearing that Copas’ belief she was being kidnapped was “unreasonable” and no facts in the case proved Copas was being kidnapped.
Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.
This article originally appeared on El Paso Times: Serious medical issues could delay murder trial in Uber driver’s death
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