A backlog of cases at the Harvey County Attorney’s Office has victims of a drunken driving accident ...

Robert Altman and Hollee Reynolds and family were on their way home one evening near Christmas when a happy family outing almost turned deadly.
They began to round a curve on U.S. Highway 50 between Newton and Peabody when Nicholas Cueves-Castonon, who allegedly was driving drunk, crossed the center line. Altman swerved to avoid a head-on collision, spun and slammed into a concrete barrier.
Altman had to pry his way out of the truck. Reynolds, 22, was left crying in agony from with a severely broken leg. Altman’s 7-year-old son broke his nose, and Reynold’s daughter and niece, both younger than 1, who were in car seats, were showered with broken glass.
“We were nearly killed,” Reynolds said.
Almost seven months after the accident, the family is wondering why the driver has not been charged. They say they just want justice, but they may have to wait, according to Harvey County Attorney David Yoder.
Cueves-Castonon, 29, of Council Grove was cited by a Kansas Highway Patrol trooper for having no license in possession, aggravated battery and failure to drive on the right side of the road. Driving under the influence charges also could be pending depending on blood test results.
Reynolds said they were told the driver’s initial alcohol test was .16 â€" twice the legal limit.
Yoder said he did not know about the specifics of the Cueves-Castonon case but said his office has become seriously back logged with cases.
He said he had an assistant county attorney who was lagging behind in case filings. He said he subsequently fired that employee for cause.
The office is now up to full staff, and the unfiled cases have been transferred to a new assistant county attorney.
Despite the staffing problem, the county attorney’s office is on pace to file more adult criminal cases than it has in the last two years and already has filed more juvenile cases than it did it in all of 2010.
The courts may see even more juvenile cases filed as the state has eliminated funds for teen court, which allowed less serious offenses to stay out of district courtrooms.
Adding another prosecutor is unlikely in these tough economic times, Yoder said. Even if there was more staff at the county attorney’s office, there might not be a judge available and courtroom open in Harvey County to hear the case.
The county has three judges plus a new magistrate judge who was added for the Ninth Judicial District, which also includes McPherson County.
The soonest trial dates being set now are in mid-September, which puts the prosecutor’s office in a crunch to meet speedy trial requirements.
Once a defendant has been arraigned, the state has 180 days to take the case to trial if the defendant is not in jail and 90 days if the defendant is in jail.
The statute of limitations on filing most criminal cases is five years, but Yoder said it was not his policy to postpone filing cases to ease the office’s workload.
Yoder said the county attorney’s office also is seeing more suspects being held on serious charges for which they are not able to bond out of jail.
These cases have to take precedence as the law dictates charges have to be filed “without unreasonable delay.”
The office is prosecuting two murder cases and two meth lab cases, one of which has multiple defendants, and many cases that are requiring jury trials.
“We are constantly operating in crisis mode,” Yoder said. ... “We don’t have a spare minute. I don’t think there is an easy solution. It is a natural part of the criminal system.”
As they wait, Altman, Reynolds and their family struggle with health and finances.
Reynolds still is suffering pain in her leg from the accident and is finding it difficult to maintain any type of job that would require her to stand for long periods of time. She is unemployed. Altman, a construction worker, also is having problems with his knees, which he attributes to the accident. He said he has to work through the pain. His family needs the money.
Altman’s son recently had to have his nose rebroken because it did not set properly.
Cueves-Castonon insurance paid for the family’s medical bills, but they received little else in terms of compensation for the accident.
Altman said he is concerned the delay in filing charges against Cueves-Castonon may result in what happened to his family happening to someone else.
“He’s still probably driving around,” he said.
Altman and Reynolds said they know Yoder is probably doing the best he can, but they want this chapter in their lives to be over.
“I want him to be prosecuted and it be done,” he said. ... “I want him to be prosecuted to the fullest.”
Yoder said he took Reynold’s and Altman’s concerns seriously.
“I am very sorry that anyone is concerned about their case. I will pursue every case seriously, and we will prosecute every case for which there is evidence of a criminal offense to see that justice is served,” Yoder said. “Unfortunately, justice can take a while.”