Suspect in Eastside murder could be released due to lack of public defender

COQUILLE, Oregon — A man accused of killing another man in Eastside Park earlier this month appeared in court for arraignment on Wednesday, but he has not yet been assigned a public defender.

Benjamin Remy appeared virtually for arraignment Wednesday morning. He is accused of shooting 36-year-old Braxton Busch in the park on August 13.

Remy is charged with premeditated murder.

Busch's mother was present at the arraignment.

“My family has been completely torn apart. We are devastated because we have lost a child,” said Kathy Laney.

“You unlawfully and intentionally caused the death of Braxton Busch, another human being,” the judge said. “The State further alleges that you personally and intentionally used a firearm in the commission of this crime. That is the charge called second-degree murder with a firearm.”

Remy was not represented by an attorney at Wednesday's arraignment. He must be assigned an attorney for the preliminary hearing on September 4.

In a correction to an article we aired Wednesday night, Coos County District Attorney Paul Frasier says the court has stated that Remy will not be released from custody under the Betschart order.

This is an order that states that defendants cannot be held in custody for more than seven days if they do not have a lawyer, but it does not mean that the charges against them are dropped.

Frasier says the public defender's office was unable to take on Remy's case due to a lack of staff and a conflict of interest.

But the court will find one for him.

“That means that this person will be put on a list where the Oregon Public Defense Services Commission is looking for an attorney to represent him. And I'm pretty sure he will be a top priority for someone who wants to take on this case,” said Stacey Lowe, Coos County Public Defender.

If convicted, Remy faces a life sentence of at least 25 years in prison.