David Cleveland, of Pahrump, changed his plea and had his trial continued in Fifth District Court Monday. Cleveland was involved in a head-on collision last Thanksgiving that killed Jeremy Moon, 26, of Fontana, Calif.

The accident also seriously injured Jeremy's wife, Anna, and the Moons' cousin, Crystal Lopez, a Pahrump Valley High School student.

Cleveland is facing six felony charges, including three of driving under the influence of a controlled substance (listed in the criminal complaint as cocaine) causing substantial bodily harm, one count of the same causing death, and two of unlawful use of a controlled substance.

He originally pleaded guilty by reason of insanity, but Monday addressed the court and changed his plea to simply not guilty.

"I want for the record, that this is Mr. Cleveland's request," defense attorney Patrick E. McDonald told the court.

Cleveland's October court date was also continued at the hearing.

The trial is expected to begin Nov. 27 and last about seven and a half days.

After nearly a year of delays and legal squirming by Cleveland, which included repeatedly changing counsel at the last minute and being ejected from Justice Court after yelling at the gallery (thus being ordered to undergo a psychological evaluation), ironically it was the state which asked for the delay.

"The state is forced and constrained to bring this motion to continue before the court for a variety of reasons," Deputy District Attorney Kirk Vitto told Judge Robert Lane.

The first included the state's desire to examine the 2006 black Jeep Grand Cherokee Cleveland was driving at the time of the accident.

The car has an event data recorder, more commonly known as a "black box" in it that records vehicle information upon airbag deployment.

Unfortunately, according to Vitto, the software to extract the information is proprietary and it is unknown when it will be released.

However, the prosecutor said Chrysler could videotape the process of extracting the information.

"I can't imagine going forward without the information from the EDR," Vitto said.

Vitto also pointed out that once that information was received, the defense would need time to prepare a response.

Second, Vitto argued, there was difficulty coordinating both the defense and the state experts, including an accident re-creation specialist and mechanical defect experts.

The prosecutor hinted there had been reason to believe Cleveland might plead out, thus delaying the process.

An accident reconstructionist alone could cost $50,000, Vitto pointed out.

"I don't believe that it is appropriate to put out $50,000 without knowing that this case is going to trial," Vitto said.

In addition, Vitto said they had just received Cleveland's medical records from the defense that day, and both sides had yet to receive blood tests.

McDonald argued against a continuance, maintaining the defense was ready to go to trial at the originally scheduled date of next week.

"Our client has been incarcerated for many months with no bail," McDonald pointed out. "He's ready to go to trial. It's not fair to have Mr. Cleveland remain in jail while waiting for a trial without bail."

Cleveland is being held without bail as a result of violating the conditions of his release.

He originally posted the $50,000 on the day of the accident.

A later motion by the state to increase his bail was denied, although his release was contingent on several court-mandated conditions, including being subject to random drug tests.

When he failed to take them, Justice of the Peace Tina Brisebill revoked his bail. When reminded of Cleveland's rights during his preliminary hearing, Brisebill set the bail at $50 million dollars.

When he was arraigned in district court and the issue resurfaced, Lane ordered him held with no bail.

"Mr. Cleveland, when you're sitting in a small cell, it's little comfort to have a judge look at you and say, 'I'm doing the best I can,'" Lane told the defendant. "But I would rather have you and Supreme Court mad at me for continuing the trial than for not having a fair trial."

Lane denied the motion on the grounds of the blood tests and the EDR information, but conceded the mechanical experts could yield important information.

Furthermore, he reminded the defense that earlier in the hearing he had approved 10 additional witnesses for the state for which they would need to prepare.