NEWTON — A preliminary hearing for Andrew Martinez, 35, of Newton, is scheduled for 9 a.m. Friday in Harvey County District Court.

Martinez is accused of the murder of Bobby "Spider" Flores, 53, of Newton in addition to battery charges.

County Attorney David Yoder said the hearing will not be a contested preliminary with evidence presented — legal representation changes have led to a preliminary that will likely be short in nature.

"We did not feel that counsel would be ready for a full first-degree murder preliminary," Yoder said.

Statutes require the hearing to be within 10 days of the arrest. Martinez was arrested Jan. 1 following an incident Dec. 31.

The case is also still being investigated. In addition to the murder charge, the county attorney's office has filed one charge of domestic battery and two misdemeanor charges of battery. The misdemeanor battery charges involve juvenile victims.

"There are three different victims of misdemeanor acts of violence," Yoder said. "All three people were different and different than the murder victim.

Robert Flores Sr. died as the result of an incident still under investigation that began with a 911 call at 10:27 p.m. Dec. 31. At that time, Harvey County Communications received a call via 911 reporting a disturbance in the 300 block of S.E. Fourth. A female told dispatchers she was involved in a physical disturbance with a male subject.

A later call from a witness advised there was another man on the ground who was bleeding. Officers arrived on the scene and found Flores Sr. down on the sidewalk. Officers attempted life-saving measures, but he was later pronounced dead at the scene.

"This was mainly allegations of a beating," Yoder said. "Reports indicate that a stepladder was used as a weapon."

Martinez was apprehended on foot in the area shortly after the incident. Police said that Flores Sr. and Martinez lived in the same house, and got into a fight that spilled out onto the lawn on New Year's Eve. Alcohol is believed to have been involved. Martinez received treatment for a broken hand from Newton Medical Center before he was booked into jail.

Bobby Flores was a 1985 graduate of Newton High School, known as a slow-pitch softball player who played on multiple teams in multiple tournaments.