The trial of a man accused of a 2023 double homicide has been postponed until Aug. 10 after presentation of new evidence.

Just before jury selection was set to begin Monday in Kevin Patterson’s murder trial, prosecuting attorney Jeff Harwood stated that Patterson’s defense team discovered bullet holes at the scene last week that had not previously been documented. A forensics expert for the defense plans to examine the holes to determine their trajectory, but the analyst will not be in Colorado Springs until Sunday, Harwood said.

“Given the fact that we would already be a full week into trial, we would have absolutely no ability to contest those findings or to do further investigation,” the prosecutor said.

Patterson, 20, faces 50 charges, including several for murder and attempted murder, stemming from a 2023 shooting in Falcon that left two juveniles dead and four others injured, according to court documents. Prosecutors allege that Patterson, who was 17 at the time of the incident, fatally shot Javier Lopez and Caleb Ray Nickerson on Feb. 5, 2023. The charges against Patterson include 15 counts of attempted murder.

“A core piece of the defense in this case is that…the juveniles in the minivan were shooting at Mr. Patterson, and that Mr. Patterson returned fire in self-defense,” Harwood said. “I think that this information is going to be potentially critical to whatever the defense may be, and we aren’t going to have a fair opportunity to contest it.”

With the trial set for Monday, Judge Billings Vela was initially reluctant to grant a continuance. But after a brief recess, she decided that postponement was preferable to excluding the new evidence without knowing its potential impact on the case.

“The answer that I usually have – and it doesn’t satisfy anybody – is that I try and eliminate, as much as possible, any appellate issues because the court wants to assure finality of whatever the outcome is at trial,” Vela said.

The continuance required Patterson, who was present in the courtroom, to waive his right to a speedy trial. After conferring privately with his attorneys and his family, he agreed.

One of Nickerson’s family members, who attended the proceedings via Webex, was clearly upset about the continuance.

“I had to get so mentally prepared for today, and to keep doing this is just killing me,” the relative said. “It’s been three years. Why did this evidence just show up a week ago?”

Vela apologized, explaining that the case involves a delicate balance between the prosecution’s right to examine and/or contest all evidence, the defendant’s right to a fair trial, and the victim families’ right to a timely resolution.

“That’s just the impossible task that the court has to weigh,” Vela said.

“I am so sorry. I know folks have worked really hard, but none of them have the emotional impact that you and (the other victims’ families) have experienced in these last 3 1/2 years. I’m not diminishing that at all.”

A readiness-for-trial hearing is scheduled Aug. 3.