Motion to Quash

By Raul Fernandez

(SCOTTSBLUFF, Neb) — In a developing legal battle, Devante Castellaw, a defendant in the high-profile murder case surrounding the death of Wyatt Reeb, has filed a motion to quash a subpoena served on him by co-defendant Dimitri M. Enriquez.

The motion, filed on September 30, 2025, argues that compelling Castellaw’s testimony would jeopardize his Fifth Amendment privilege against self-incrimination, especially as he anticipates appealing his recent second-degree murder conviction.

Castellaw is one of four individuals charged in connection with the January 20, 2025, events that led to Reeb’s death. The other co-defendants include Dimitri M. Enriquez, Ramon Enriquez III, and Corey Rotherham, Jr. Although charged separately, the motion highlights their involvement in the same incident.

According to the motion, Castellaw’s interests are not aligned with those of his co-defendants. Unlike some of the others, Castellaw has not provided a proffer interview to the State and has made no statements to law enforcement. On July 15, 2025, Castellaw pleaded guilty to one count of second-degree murder and is scheduled for sentencing on the morning of October 29, 2025.

The subpoena from Dimitri Enriquez intends to question Castellaw in a deposition immediately after his sentencing, under the assumption that his Fifth Amendment privilege would be extinguished. However, Castellaw’s counsel, Maren Lynn Chaloupka of Chaloupka Law LLC, argues that an appeal from the final judgment and potential post-conviction relief are anticipated. Compelling his testimony now could compromise his ability to defend against the State’s charges if he obtains relief.

The motion further points out that Castellaw’s plea agreement did not include any promises from the State to refrain from filing new criminal charges. Consequently, if compelled to testify, he would face the risk of new charges.

The defense also suggests that Dimitri Enriquez could obtain supportive testimony from Corey Rotherham, Jr., and Phillip Ozuna. The State has already provided video recordings of Rotherham, Jr.’s proffer interview to all co-defendants. The motion highlights the family connections, noting that Dimitri Enriquez is Corey Rotherham, Jr.’s first cousin and Ramon Enriquez III’s older brother, suggesting alternative avenues for testimony.

Devante Castellaw is seeking to preserve his Fifth Amendment privilege, ensuring his ability to pursue appeals and post-conviction actions without compromising his legal defense. The court in Scotts Bluff County will now consider the arguments presented in this motion to quash the subpoena.

As of right now The motion to Quash the deposition subpenoe is taken under advisement, councils will be advised that the deposition will be pending awaiting the courts decision on the motion to quash.

Costellaw is set for sentencing the morning of the 29th via zoom with judge Andrea Miller.