A Lake County judge on Tuesday set what she termed a “final” trial date for one of three defendants charged in the 2013 shooting death of 20-year-old Highland Park resident Colin Nutter.
Following a private conference with prosecutors and the defense attorney for 20-year-old Philip Vatamaniuc, of Highland Park, Circuit Court Judge Victoria Rossetti rescheduled his trial from June 27 to Nov. 14. She said it would be the last of several trial delays.
“That is final for trial,” Rossetti said as the fathers of both Nutter and Vatamaniuc sat separately in the courtroom gallery.
Discussing a possible negotiated resolution to the first-degree murder charges was listed as one of the reasons for the meeting between Rossetti, assistant state’s attorneys Reginald Mathews and Rod Drobinski, and defense attorney Patrick Quilty.
There had been two similar conferences held for Vatamaniuc in December 2014 and January 2015.
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Mathews said after the hearing that further discussions over a possible plea deal have not been ruled out.
Vatamaniuc, Benjamin Schenk, of Highwood, and Michael Coffee, of Highland Park, were all charged with first-degree murder in Nutter’s death.
According to police and prosecutors, Vatamaniuc, Schenk and Coffee arranged a marijuana deal with Nutter June 3, 2013. When the group gathered in Nutter’s car, he was shot in the head in an apparent robbery attempt, authorities said.
Rossetti told Vatamaniuc the conference included a conversation about evidence that Vatamaniuc’s fingerprints were on the inside of the rear, driver’s side window of Nutter’s car. The judge noted that during an earlier hearing Vatamaniuc testified he was sitting in the rear passenger seat after he initially told police he was sitting in the rear driver’s side seat behind Nutter.
Authorities have said Nutter was shot from behind, but not necessarily from someone in the seat directly behind him.
Vatamaniuc said nothing beyond acknowledging that he understood what had taken place during the private conference and that his trial has been rescheduled.
Coffee’s trial is scheduled to start Sept. 6.
Schenk pleaded guilty to murder and will be sentenced to 20 to 60 years in prison. A potential 15-year use of firearm enhancement that could have been added to that range upon conviction at trial was dismissed as part of the agreement, which also specifies Schenk must testify at the trials of Coffee and Vatamaniuc if needed.
Prosecutors identified Vatamaniuc and Schenk as potential shooters.
Under state law, all three can be held accountable of first-degree murder if convicted at trial, but if one is convicted as having discharged the firearm, he could also face the 15-year in addition to the range of 20 to 60 years for murder.
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