HUTCHINSON, Kan. — After the trial was continued recently for a 40-year-old man accused of stabbing another man during a confrontation, the defense wanted some of the evidence suppressed.

Venancio Vigil Jr. is charged with attempted first-degree murder with an an alternate count of aggravated battery.

The defense claims in their motion that any statements made by the defendant were involuntary and given under duress. They question whether he was read his Miranda rights. District Attorney Keith Schroeder told us Wednesday that he was read Miranda rights and declined to talk to police. They also want a witness identification suppressed, but Schroeder says he doesn’t intend to call that person as a witness anyway. The defense claims that’s because the person couldn’t identify the defendant.

The state filed a motion to bring into the trial evidence of his gang affiliation into the trial. But, that will be taken up at a later date.

The defense also asked for a gag order because of Schroeder talking to us. It’s unclear if that was granted.

Judge Tim Chambers did hear the defense request to dismiss the case and took that under advisement, so a decision on that will come later.

The case involves the victim in the case was apparently working undercover for law enforcement and had informed on someone with a group called the Texas Syndicate. Vigil was believed to be a part of that group and told the victim he was going to kill him because of what he did. He then began stabbing the victim. That was back on August 31 of last year.

Francisco Gracia Jr. was transported by Reno County EMS to Hutchinson Regional Medical Center and underwent emergency surgery and then transferred to a Wichita hospital for further treatment where he was in ICU for five days.

Judge Chambers recently granted the states motion to continue the trial. It’s now scheduled for May 2.

Vigil remains jailed on a $50,000 bond.