A Duluth man pleaded not guilty Monday to fatally assaulting a Park Point resident in a January home invasion.
A jury trial for Darrel Darryl Mayhew, 30, was scheduled to begin April 30 in State District Court in Duluth.
Mayhew is accused of striking 70-year-old Larry Watczak over the head with a blunt object before taking off with his cellphone, tablet computer and roughly $2 in cash. While Watczak was able to briefly speak with police, he quickly slipped into a coma and died 10 days later.
Mayhew’s request for the speedy trial came despite the fact that attorneys told 6th Judicial District Judge Dale Harris they are still awaiting numerous pieces of evidence in the homicide investigation that started only two months ago.
St. Louis County prosecutor Rebekka Stumme said forensic evidence reports from the Minnesota Bureau of Criminal Apprehension are estimated to take at least two additional months. Defense attorney J.D. Schmid also said he has yet to receive a surveillance video, medical records and the autopsy file.
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Mayhew reserved the right to raise any evidentiary or constitutional issues that may arise from the outstanding reports.
Watczak was coherent when police first responded to his home on the 800 block of South Lake Avenue on Jan. 2. According to a criminal complaint, he told officers an unknown intruder struck him with an unknown object and threw a towel over his head. He reported that the man demanded money, so he produced his pocket change, and the suspect left.
Investigators were not able to follow up with Watczak before he suffered a seizure and necessitated emergency brain surgery, and went into the coma from which he never emerged.
Surveillance footage played a key role in the investigation, as police said they were able to collect clips showing Mayhew leaving Park Point, walking through Canal Park and entering downtown.
The victim's phone was recovered at a downtown boarding house, where residents reported a man giving it away on Jan. 2. After releasing a surveillance image to the public, police were able to identify the suspect as Mayhew.
Police executed a search warrant at Mayhew's residence, finding the tablet computer and clothing consistent with that seen on the suspect, according to the complaint. His girlfriend also reported that he had been away on Jan. 2, coming home with the tablet and other items but refusing to tell her where they came from.
Mayhew is charged with intentional second-degree murder, unintentional second-degree murder, aggravated first-degree robbery and first-degree burglary. Stumme has filed a notice of intent to seek an aggravated sentence based on the crimes occurring within the victim's "zone of privacy."
Mayhew is set to appear for a final pretrial hearing on April 18.
