Original story lower on page. Link to AZ Family coverage of story here
Link to CPS Info Release Nathaniel_Lopez_3_26_2013
There has been talk over the past couple months that Kyron Grow may be released on the murder charges related to the death of 3-year-old Nathaniel Lopez. There are a lot of questions about why his case is not listed on the AZ Case Lookup website.
Well it is very well hidden from the public and once found it contains little information. You wouldn’t even know that it was Grow’s case unless you look at the Case Minutes on the page. Please do so before asking h0w we know it’s his case. Here is a link to Grow’s case on AZ Case Lookup website.
Scroll down page to see Kyron Grow’s case
Here are the only Case Minutes posted in Grow’s case, they show that a Jury Trial before Judge Duber is scheduled for January 8, 2014, before a 12 person jury. They anticipate the trial will last 7 days.
While there is little information, if you look at the case page for Marcelina Rich under Case Activity Marcelina Rich Case, you will see that in May after the Plaintiff (the State) filed MISCELLANEOUS: Disclosures, there were also 2 “Orders” that followed. This is the same the same that shows on the Case Activity for Grow. Here are the only Case Minutes posted in Rich’s case Marcelina Rich Minutes.
There are two differences in Rich’s case activity, it says that there was motion to Modify Conditions of Probation back on the 12th of July . Not sure what that is about. And there was a motion made to designate the case as a Complex Case.
Since Grow is charged with First Degree Murder his case is automatically designated as a Complex Case. Since Rich was charged with Second Degree Murder the court would have to make that designation and they did on the 18th of July, 2013. This what I found on Complex Case designation
While this link is to documents intended for Maricopa County it is an Administrative Order from THE SUPERIOR COURT OF THE STATE OF ARIZONA so it applies to all AZ Superior Courts. Here is a copy of that order Complex Case.
All First Degree Murder cases will be automatically designated as complex by Court Administration at the time of arraignment, pursuant to Rule 8.2(a)(3).
In all other criminal cases that any party wishes to be designated as complex, a detailed written Motion for Complex Case Designation shall be filed with the assigned trial judge no later than 60 days from arraignment. The motion shall be accompanied by a proposed form of order setting forth the factual findings supporting designating the case as complex.
So while we have no solid answers on where Grow’s case stands, it doesn’t appear that there has been any unusual activity that would show that it is going in a different direction that Rich’s case. We will continue to request from the court that more information on this case’s status be made available to the public.
On March 26, 2013 Deputies from the Gila County Sheriff’s Office responded to the Cobre Valley Regional Medical Center in reference to a report of possible child abuse. The victim three year old Nathaniel Lopez was flown to Phoenix Children’s Hospital with life threatening injuries and succumbed to his injuries later that afternoon. 29 year old, Marcelina Rich and 37 year old, Kyron Grow have been arrested in connection with the death of Nathaniel Lopez. Currently we are unable to release any further details as the investigation is on-going. Also read the story from KPHO CBS 5