The young man accused of the April 5 hit-and-run death of a Flagstaff cyclist will go to trial in Coconino County, ruled a Coconino County Superior Court Thursday.

But, if during jury selection, potential jurors say they have been influenced by publicity surrounding the case to the point where they can't be objective, Judge Charles Adams will allow the defense to request the trial be moved to another county.

Shaun R. Price, 21, faces trial in connection with the death of Matt Kelly. Price has been indicted on a charge of second-degree murder, among other charges. He has pleaded innocent.

Kelly was killed while he rode his bicycle on Cedar Avenue. Witnesses watched as a truck swerved over to the shoulder of the road and hit Kelly from behind. The driver of the truck did not stop at the scene.

The truck was later involved in another accident a short time later on Fort Valley Road. The driver of the truck, Price, was arrested at the scene. A blood test revealed Price had a blood-alcohol level more than three times the legal limit for driving.

Price's attorney, Albert Freeman, argued, citing case law, that the amount of publicity surrounding the case will make it impossible for his client to get a fair trial in Coconino County. Given the county's population base of about 120,000 residents, it will be difficult to find jurors who are not familiar with the case and haven't already made a judgment about it.

"We would submit to the court that the publicity has pervaded the public ...," Freeman said, requesting the venue be moved to another county with an untainted jury pool.

He also submitted to the court, "... a jury couldn't even entertain an idea of innocence in this matter."

Tim Linnins, deputy Coconino County attorney, told the court that the case law specifies that the publicity has to be so outrageous as to create a mockery of justice and make a trial just a formality.

That publicity has to be demonstrably prejudicial and unfair, smacking of "yellow journalism," Linnins added.

With regard to the Price case, Linnins said that the accounts in the media have been fair and have appeared with much less frequency than other cases cited in the case law.

There's no proof, yet, that the jury pool in Coconino County has been tainted to keep Price from receiving a fair trial. And if the jury pool has been tainted, the attorneys and the judge will find that out during the process of jury selection.

Adams agreed. He dismissed the motion to move the trial, but gave Price the option of raising the issue again during jury selection.

At the time of Kelly's death, Price was on intensive probation for two previous felony DUI convictions. He was sentenced to 71/2 years in prison in late September by Judge Mark Moran of Coconino County Superior Court for violating that probation.

During court hearings in late April to determine whether Price's probation should be revoked, Moran found Price to be responsible for Kelly's death.

Price is scheduled to go to trial on the new charges connected to Kelly's death in January 2006. Second-degree murder, upon conviction, carries a maximum sentence of 22 years in prison.

This is cache, read story here