A Bowling Green city commissioner charged with DUI will have to wait longer to have his day in court.
The trial for Slim Nash was postponed after the commonwealth’s key witness didn’t appear at Tuesday's proceedings.
Officer Larry Zuniga with the Bowling Green Police Department, who arrested Nash, was absent from court because he was checking on family in south Florida following the hurricane.
"The judge issued a show cause and Office Zuniga will have to explain to the judge what happened," Special Prosecutor Don Jones told WKU Public Radio. "I do think we're all understanding of where the officer's heart was, but there was a subpoena issued, so the judge will want him to explain that on the record."
Describing Officer Zuniga as "indispensable" to the case, Jones asked for the trial to be postponed.
Zuniga's absence prompted defense attorney Alan Simpson to ask Special Judge Derek Reed to drop or reduce the charge of DUI, first offense. Simpson said every time the four-year-old case is mentioned, it damages Nash’s reputation.
"Every time we have a court date, there's a news story," Simpson told WKU Public Radio. "It's unfortunate that this case has taken so long, and it's not Mr. Nash's fault.
Judge Derek Reed set a new trial date for October 24.
Commissioner Nash was charged in 2013 with improper turning and operating a motor vehicle under the influence. He was not in public office at the time of his arrest. Nash’s attorney says video of the traffic stop shows it was unlawful.
If convicted at trial, Nash could face up to 30 days in jail or a fine.