Andres Avalos Jr. absent as lawyers fix typo in first-degree indictments

BRADENTON -- Suspect Andres "Andy" Avalos Jr. waived his right to appear in court Thursday at a hearing to correct a typographical error in the indictment charging him with three counts of first-degree murder.

Avalos was initially charged with three counts of second-degree murder, which carry a maximum sentence of 30 years to life in prison. On Tuesday, a grand jury indicted him on three counts of first-degree murder, which carries a sentence of life in prison or the death penalty.

The indictment, however, listed the year as 2013 rather than 2014 in the introduction.

A hearing was held in order to avoid having to reconvene the grand jury to formally fix the error.

Initially scheduled to appear, Avalos was not in attendance.

"Because of the nature of the motion, I have waived

his right to appear," Assistant Public Defender Franklin Roberts told Circuit Court Judge John Lakin.

Roberts told Lakin he had no objections to the motion to correct the error in the indictment.

"One of the reasons I wanted him to come over is because I wanted to make him understand the charges against him now that it's first-degree murder," Lakin said. "But, obviously, your client is aware."

With no objections, the attorneys approached the bench and 2013 was crossed out before Lakin and 2014 written in.

Investigators said Avalos hanged his wife from a cord in the laundry room of their northwest Bradenton home, then beat and shot her. He also gunned down his neighbor, Denise Potter, 46, who apparently was visiting at his home, investigators said.

After the attacks on the women, investigators say Avalos dropped his 4-year-old son off at daycare and went to the Walmart on State Road 64 where he left his vehicle. Avalos then took a taxi to Bayshore Baptist Church, 6502 14th St. W., where investigators and witnesses said he shot and killed the Rev. James "Tripp" Battle, 31.

Avalos was arrested Dec. 6 after a 51-hour manhunt led by the Manatee County Sheriff's Office and a public plea from his father to turn himself in for the sake of his six children, who were being held in a safe house until his capture. He was arrested in a mobile home park less than two blocks from Bayshore Baptist Church.

After his arrest, Avalos admitted to the slayings, Assistant State Attorney Art Brown said at the first court hearing Dec. 7.

Prosecutors have until 45 days after Avalos' arraignment, scheduled Jan. 16, to decide whether to pursue the death penalty.

Avalos is being held without bond at the Manatee County jail.

Jessica De Leon, Herald law enforcement reporter, can be reached at 941-745-7049. You can follow her on Twitter @JDeLeon1012.

This story was originally published December 19, 2014 at 12:00 AM with the headline "Andres Avalos Jr. absent as lawyers fix typo in first-degree indictments ."