Devon Wright, a multi-time arrestee over the past two years who has remained mostly free during that time, failed to appear in Genesee County Court at 9 a.m. as ordered for the start of a trial with co-defendant Jacob Sponaugle.
The two men are accused of being part of an apparent gun-sale deal gone bad at the Days Inn in Batavia on July 22 that left one of the three participants wounded.
Wright is charged with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.
Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.
District Attorney Lawrence Friedman said the court waited for two hours for Wright to show and then began jury selection without him. By 5 p.m., the court had impaneled a 12-person jury with four alternates, Friedman said.
A warrant was issued for Wright's arrest.
At around 7 a.m., Friedman said he was informed that Wright was in custody and is expected to appear before Judge Charles Zambito at 9 a.m.
Opening statements are expected to begin at 9:30 a.m.
UPDATE 10:28 a.m.: Dressed in a white T-shirt, sweat pants, and jail crocs, and shackled, Devon Wright appeared before Judge Zambito at about 10 a.m. while his attorney, Nathan Pace, made a petition on behalf of his client that his absence from court yesterday be excused and that Wright be allowed to leave the trial at some point to attend the birth of his first child. Pace said Wright's girlfriend had been expecting to give birth on Nov. 12 but has yet given birth and that Wright stayed with her yesterday so he could be with her when the child is born.
Neither Friedman nor Zambito bought Wright's excuse. Both noted that Wright had sent text messages yesterday saying he was on his way and one that said he had arrived and both statements were untrue. Both noted that Wright has a history of missing court appearances. Zambito ordered Wright held but indicated he would consider a petition for him to visit his child if the child is born during the trial.
Once that hearing was over, Wright was not ready for trial because the clothes brought to him at the jail didn't fit so his sister drove to a local store to buy him new clothes.
Opening statements should begin shortly.
