Judge allows delay in Fruita slaying trial

A trial that had been scheduled to start in late February for a Fruita man accused in the fatal shooting of his roommate has been delayed.

District Judge Thomas Deister on Monday signed off on a prosecution request for a continuance in the trial of 37-year-old Wayne Gert.

The trial had been scheduled over nine days starting Feb. 28.

Chief Deputy District Attorney Dan Rubinstein said he asked for the delay after Deister recently granted a defense discovery request that, the prosecutor said, will require “significant research.”

He declined to elaborate.

New trial dates have not been scheduled and the case isn’t due back in court until May 3. Gert’s public defenders didn’t object to the DA’s request.

Gert, who is free on $150,000 bond, has pleaded not guilty to charges including second-degree murder in the slaying of his roommate, Henry Trisler Jr., 37.

Trisler was shot in the head May 21 in what Gert claimed was self-defense after Trisler allegedly lunged at Gert, according to an arrest affidavit.

Gert told an officer who arrived at the scene that Trisler didn’t need a doctor, but instead a coroner, explaining he was, “trained to shoot to kill,” the affidavit said.

Gert was under treatment at the time for bipolar disorder and schizophrenia.


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