Attorneys plan to move forward with a trial next month in the case of a Leavenworth woman accused of tampering with evidence at the scene of an officer-involved shooting.

Attorneys plan to move forward with a trial next month in the case of a Leavenworth woman accused of tampering with evidence at the scene of an officer-involved shooting.

Heather D. Garcia, 42, is charged with a misdemeanor count of interfering with law enforcement for allegedly tampering with evidence.

She is accused of attempting to hide an opened pocket knife she removed from a vehicle after her husband, Antonio Garcia Jr., was shot July 11 by a police officer in Leavenworth. Authorities believe the knife had been in the possession of Antonio Garcia Jr., according to a probable cause affidavit filed in the case.

Antonio Garcia Jr. was pronounced dead at the scene.

Heather Garcia's case is scheduled to go to trial May 16. The trial date was set when the parties last appeared in court.

The case will be tried without a jury, and the judge will determine the outcome.

A status hearing in the case took place Wednesday in Leavenworth County District Court.

Garcia did not appear in court for the hearing. The judge previously had allowed her to waive her appearance for the hearing.

Garcia's attorney, Christopher Bowers, was present for the hearing. He said the case was in the same position as the last time the parties were in court.

District Judge Gunnar Sundby considered this a confirmation of the May 16 trial date.

In January, the Leavenworth Police Department terminated the officer who fatally shot Antonio Garcia Jr.

Matthew Harrington was fired for reportedly violating the department's policy concerning the use of deadly force, according to Police Chief Pat Kitchens.

Kitchens has declined to comment about how the policy was violated.

A separate criminal investigation of the shooting was conducted by the Kansas Bureau of Investigation.

County Attorney Todd Thompson said his office has sought an independent expert to review the case, but it likely will take some time for the expert to render a report.

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