Breen removed from Ash defense

Kelly Breen, who has represented Vencil Ash leading up to his retrial on first degree murder charges, was removed from Ash’s defense by Judge Derek C. Weimer at his own request the morning of July 22.

At the opening of the hearing to introduce Breen’s motion to be removed from the case, Breen stated that the reason behind his motion comes from the fact that due to witnessing certain events that have transpired in which he witnessed certain claims made by Ash that could be used in court against the defense, he could be called as a witness for the prosecution.

He stated that he believes that this would serve not only as a detriment to the quality of Ash’s defense should he stay on as Ash’s attorney but that it would also cause Ash unnecessary hardship throughout the retrial process.

“Judge, he has a right to have counsel that is only counsel. We can not be both witness and counsel,” Breen said.

While the state, represented by attorney Corey O’Brien, accepted Breen’s removal without much objection, O’Brien took issue with part of the motion that would also eliminate the possibility of another lawyer from the same firm, the Nebraska Commission on Public Advocacy, holding that “the lawyer who is a necessary witness is not necessarily ruling out the entire firm” and urging Judge Weimer to “consider whether or not the firm of public advocacy is disqualified under existing law.”

However, Breen countered with the fact that if an attorney within the same firm was used it would still be detrimental to the case as “an attorney can not erect walls to separate himself” from the other defense attorney for the case.

Judge Weimer accepted Breen’s removal from the case based on the evidence stating that the court was satisfied that Mr. Breen would be a necessary witness in the matter.

However, Judge Weimer declined to make a ruling on whether or not other lawyers from Breen’s firm will be unable to be appointed for the defense stating that his intention was to review the rulings and have a decision made later that evening.

After Breen was removed by Judge Weimer, O’Brien made a motion to continue the scheduled trial in August arguing that because it was a murder cause “full of binders, pictures, and hundreds of witnesses” it would be unfair to require a new defense attorney to review the evidence and prepare their defense within a month’s time.

The motion to continue was accepted by Judge Weimer and Ash without objection.

Ash is once again facing first degree murder charges for allegedly murdering Ryan Guitron of Fort Collins in 2003.

According to reports, on April 3, 2013 a five hour long standoff ended with the arrest of Ash by Cheyenne officers who were responding to a call of domestic violence and allegedly found Ash inside his home wielding a high-powered rifle with a scope. Officers evacuated the neighborhood and eventually were forced to use tear gas to end the standoff.

Through the investigation of the incident, authorities questioned Ash and his then girlfriend Kelly Meehan, which in turn led them on April 8 of that year, to human remains hidden at an abandoned farmstead south of Bushnell.

The remains were taken to Regional West Medical Center in Scottsbluff where they were examined and identified to be that of Ryan Eugene Guitron, 30.

Ash had been previously convicted in 2012 of first-degree murder in Kimball County District Court for shooting Ryan Guitron of Fort Collins in 2003 at an abandoned farm in Kimball County.

However, the Nebraska Supreme Court ordered a new trial in October of 2013, stating that in the original trial, the defense was not given proper time to prepare for Ash’s wife, Kelly Meehan-Ash, to take the stand, stating that Ash’s requests to postpone the trial so he could prepare a defense against the testimony should have been granted.

Ash will next appear in Kimball County District Court for a status hearing on August 5.