Hearing postponed in Red Elk murder case

Martin Edmo Ish, the man charged with first-degree murder in the 2009 death of Eugene “Lorne” Red Elk, waived his time for his preliminary hearing Tuesday.

Waiving time for a preliminary hearing allows the hearing to be delayed, which would give both prosecution and defense more time to examine the case.

One of his public defenders, Randy Schulthies, said the time between his first appearance to Tuesday’s hearing was too short to gather sufficient evidence.

“The case is from 2009, so we’ve got to go back six years to try and track down witnesses and evidence,” said Schulthies. “We need a lot of time to do that.”

Judge David Kress granted the motion for Ish and scheduled the hearing for mid-November.

Red Elk was found with severe head and chest trauma on the night of June 14, 2009, in the parking lot of Duffy’s Tavern at 1304 N. Main in Pocatello, where he worked as a part-time bouncer. He died three days later.

According to the prosecution, Ish could receive the death penalty if he is convicted. However, there is still a big range for what his sentence could be.

“There are a lot of variables and considerations into figuring out what an appropriate sentence would be, assuming there’s a conviction or a plea,” said Steve Herzog, Bannock County prosecutor.

Ish was arrested in Boise on a Bannock County warrant last month. He is still being held on $1 million bond.