The jury trial of the man accused of fatally hitting his neighbor with a truck was be delayed one week for financial reasons.
On Wednesday, Eric Lively’s Arcata-based attorney David Celli requested a continuance.
Humboldt County Superior Court Judge John Feeney denied Celli’s oral motion to delay the trial, but told him to submit a written motion. Feeney ruled that, for now, his trial will take place as previously scheduled on Monday.
On Friday, Humboldt County Superior Court Judge Christopher Wilson granted the defense’s motion to delay the Shelter Cove homicide jury trial for a week. The jury trial for Eric Lively is now scheduled to begin on Nov. 27.
Lively, 45, is accused of killing his neighbor, Jesse Simpson, on May 3 with his Toyota pickup truck in Shelter Cove.
“We are ready to proceed in every way possible from our perspective,” Celli said, adding the only thing holding them up is waiting on an insurance claim to pay for an accident expert to testify. Celli said it’s a third party insurance company holding up Lively’s funds which are crucial for the defense’s testimony.
Wednesday’s request was met by objections from prosecuting Deputy District Attorney Adrian Kamada, who said it was the same reason to delay the case back in late October. Kamada told Feeney nothing has changed since Oct. 31 when Russ Clanton, Celli’s partner, requested the same continuance.
“The people oppose the continuance. We’re in the exact same place we were two weeks ago,” Kamada said.
Lively pleaded not guilty to murder in May 11. During his preliminary hearing, a Humboldt County Sheriff’s Office investigator testified that Simpson had died from “multiple impact injuries” and with a large impact to the brain.
Sam Armanino can be reached at 707-441-0509.