Joseph Underwood

The preliminary trial of Joseph Underwood, who is charged with mutilating or disposing of a dead human body to conceal a felony offense, has been delayed.

Underwood also faces charges of possession of a firearm by a convicted felon, interference with a peace officer and fleeing or attempting to elude police.

During a court appearance in Powell on Thursday, Circuit Court Judge Joey Darrah was concerned about proceeding with a preliminary hearing when the state of Underwood’s competency is unclear.

In 2019, Underwood allegedly disposed of the body of Angela Elizondo, who had been killed in Cheyenne. The body was found outside of Cody. Elizondo’s cause of death was strangulation. Underwood returned to the scene and attempted to flee when identified, at this time Underwood had a handgun in his possession.

The charges were being brought by District Attorney Bryan Skoric under a precedent in 2015 that could imply competency does not have to be determined before the case is bound to district court.

Underwood’s separate charges for the same crime in Cheyenne were dismissed with prejiduice when he was determined unfit to stand trial.

“If he’s not competent he’s not able to waive or not waive [his right to a preliminary hearing],” Darrah said.

Darrah said that there was also “a concern a constitutional right is going to be undermined here,” in reference to the Sixth Amendment which guarantees the defendant’s rights.

Darrah also raised concerns that the precedent applied to one felony charge while Underwood is being charged with multiple felonies and misdemeanors.

Underwood’s lawyer, Tim Blatt also questioned the use of the precedent and asked his objection be placed on file.

“It’s my position that a person has a right to competency in all aspects of the hearing,” Blatt said.

Darrah decided to give the attorneys 10 days to brief and a hearing on Underwood’s competency is currently scheduled for Aug. 17. Underwood is currently being held on $500,000 cash only bond.