From the Motion to Continue:12/10/2008 203 MOTION to Continue Sentencing Hearing by Jesse Ayala Cota. (Thornhill, Mark) (Entered: 12/10/2008)
12/10/2008 204 ORDER granting 203 Motion to Continue Sentencing as to Jesse Ayala Cota (2). Sentencing set for 3/23/2009 at 10:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. Signed by District Judge Carlos Murguia on 12/10/2008. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered: 12/10/2008)
On November 10, 2008, Mr. Cota filed a Motion to Continue his then scheduled
sentencing hearing due to physical complications following an automobile accident. [Docket
No. 199]. Mr. and Mrs. Cota were on a highway in their home state of Arizona when a collision occurred. The Cota vehicle was demolished. Mr. Cota was injured but his wife’s injuries were more significant. Since the time of the last motion for continuance, Mrs. Cota’s medical situation arising from the accident has become more acute.
Mrs. Cota’s situation is as follows: As a result of the accident, Mrs. Cota was air-lifted to
Yuma Regional Medical Center. Among other injuries, Mrs. Cota’s left leg was swollen to twice its regular size and she had multiple hematomas (deep bruises) across her body.
On October 14, 2008, Mrs. Cota was admitted to West Valley Hospital emergency room
because it appeared that the antibiotics she had been prescribed were not assisting with the healing of the hematomas and she had developed a possible staph infection on her left leg. She was given a stronger medication to fight the infection.
On October 20, 2008 Mrs. Cota was admitted to Banner Estrella Hospital to treat a hematoma
on her left leg. Her stay in the hospital lasted four (4) days, during which a surgeon, an infectious disease doctor and a kidney specialist examined her. Her medication was changed again as a result of these medical consultations.
On November 21, 2008 Mrs. Cota was again admitted to Banner Estrella Hospital and it was
determined that the antibiotics and other medication had been unsuccessful in treating her
hematoma. She had a persistent fever and her left leg remained swollen, with an obvious infection.
There was an operation on her leg on November 28, 2008, which left her with two large open
wounds. She remained in the hospital until December 5, 2008. Her surgeon has told her that her recuperation period will be complicated by her diabetic condition and that it will take a minimum of six (6) months and possibly more than one (1) year for her wounds to heal. Upon being discharged from the hospital Mrs. Cota was put on an intravenous antibiotic regimen. Mr. Cota has to change the antibiotic bag every six (6) hours, around the clock.
Mrs. Cota has also had significant negative reactions to some of her prescribed medication
and had at least two occurrences of inexperienced nurses not knowing how to dress her wound.
3. Mr. Cota is responsible for his wife’s care. She requires his physical assistance and,
of course, his emotional support. Mrs. Cota could not function on her own if Mr. Cota were required to be in Kansas City for sentencing on December 15. Also, it is clear that Mrs. Cota’s recuperation will require substantial time. As noted, Mrs. Cota’s surgeon estimates that her recuperation will require at least six months. Mr. Cota seeks a continuance of only three months with the hope that, at that time, arrangements for his wife’s care can be made while Mr. Cota travels to Kansas City for the sentencing hearing.
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