A county judge confirmed a pretrial date and discussed diversion options in State of Texas v. Kelvin Ogobejeli Iton Itonodon, as defense and prosecutors worked toward resolving the case without trial.

Defense attorney Christopher Kovac (identified in court as Mr. Kovac) told the judge discovery is complete and that he has received Brady disclosures: "I've looked at everything, your honor. We have everything, including the Brady disclosures." He said he discussed the case with the defendant, identified in hearing remarks as Rodney, and that he was "ready to proceed." The judge set a pretrial for Oct. 30.

Defense counsel said his client remains a candidate for a diversion program if post-arrest testing can be shown below the program’s threshold. "He's above a 0.15 over 3 and a half hours after his arrest," Kovac said, and added that lowering that figure could open the door to diversion.

The prosecutor responded that the defendant’s blood-alcohol concentration (BAC) is within the range that would permit submission of a Pretrial Intervention (PTI) packet to the office because it is below the office cap of 0.18. The prosecutor told Kovac to submit the PTI packet promptly so the office could review it before the next status conference.

The court urged the parties to work to resolve matters ahead of the Oct. 30 pretrial date. No plea was entered at the hearing; discovery and pretrial scheduling were the primary outcomes.

The court continued the case to allow the parties time to pursue diversion paperwork and to appear at the scheduled pretrial.