BURLEY — Sentencing was delayed Thursday for a Declo man charged in the death of his wife.
Ronnie G. Kincaid Jr., 36, will be sentenced Friday in Cassia County district court.
He was charged after his wife, Melissia Dawn Kincaid, 34, was found dead in the couple’s blood-soaked home on Sept. 6, 2015.
Kincaid’s new attorney, Clayne Zollinger, peppered the court with three motions and each was denied by Fifth District Judge John K. Butler.
They included a motion for a separate money judge, for clarification of the plea agreement and a renewed motion to withdraw his guilty plea.
Zollinger also asked the court for more time, saying he needed a transcript from the juvenile waiver hearing for Kincaid’s son, Ronnie Kincaid III, who was charged with destruction of evidence and as an accessory to the crime after police said he helped his father wash blood and DNA off his stepmother’s body. The county prosecutor later dismissed those charges but has said he intends to refile them.
Kincaid’s former attorney Anthony Valdez withdrew from the case in July after Kincaid and Valdez’s relationship broke down and Zollinger was appointed. Kincaid filed a complaint with the state bar against Valdez, Zollinger said.
The testimony by a juvenile in Kincaid’s son’s case differed significantly from statements in the police report, he said.
“We can do this now or do it later,” Zollinger said referencing the possibility of a future appeal in the case.
After he was appointed to the case, he said, he spoke with Cassia County District Judge Michael Tribe who represented Kincaid’s son prior to Tribe being appointed as a judge.
Zollinger said he was advised by Tribe that he needed the transcript from that hearing to represent Kincaid. The testimony may have influenced Kincaid’s decision to enter an Alford plea in a plea agreement with the state, Zollinger said.
“I feel like I’ve been thrown into a forest fire and I can’t find my way out,” Zollinger said. “But, I’ll get there.”
Cassia County Prosecutor Doug Abenroth argued that both Kincaid and his attorney were present at his son’s hearing and Kincaid had the knowledge of what was said during that hearing prior to him filing his Alford plea. An Alford plea allowed Kincaid to maintain his innocence while acknowledging a jury would likely convict him.
The transcript is also available in the other case file, Abenroth said.
The testimony in that case, Abenroth said, was in relation to the charges in his son’s case not about what Kincaid did or didn’t do.
“I don’t think it’s relevant, and I object to a delay for that purpose,” Abenroth said.
After the three motions were denied Butler asked Kincaid and his attorney if there were any reasons not to proceed with sentencing and Kincaid told him he had not reviewed the psychosexual portion of the presentence investigation report.
Abenroth agreed that Kincaid should be given time to review the document.