The Colorado Springs man facing charges related to a fatal January shooting has refused transport from jail to court twice in the past two weeks, dragging the case on.

Dustin Boston, 35, is facing several charges following his arrest on Feb. 13, including first-degree murder, for the death of Tyray Ikener, 32. According to police, Ikener was found dead inside a vehicle near the gas pumps adjacent to the King Soopers near the corner of Stetson Hills and North Powers boulevards on Jan. 20.

Thursday marked nearly nine months since the alleged murder, and little progress has been made in the criminal case.

Boston was set to enter a plea Thursday, but similar to the previous week, he allegedly refused transport to the courthouse, citing an illness. Boston has remained in the El Paso County jail on a no-bond hold for a parole violation since his arrest, inmate records show.

According to court records, the last notable development in the case occurred in April, during his preliminary hearing. Judge Catherine Mitchell Helton ruled to dismiss a “special offender” charge while binding over the remaining five charges. Those charges include one count each of first-degree murder, first-degree murder with “extreme indifference,” second-degree murder, felony menacing and possession of a controlled substance.

Colorado Springs Police Department investigators said they believe car theft was the motive behind the fatal shooting. One eyewitness to the shooting said they had watched the gunman walk up to the black Mercedes sedan Ikener was found in and yell “something to the extent of ‘give me my car back’ a few times,” before the gunshot. 

Court records show Ikener had a criminal history dating to 2011. He was charged with weapon possession in 2021, motor vehicle theft in 2017, giving false information to a pawn broker in 2016 and a misdemeanor drug charge in 2011. Most recently, he pleaded guilty to second-degree motor vehicle theft on Jan. 8 and was sentenced to 12 months of probation.  

Boston’s next appearance in court is scheduled for Oct. 16. Mitchell signed an order stating Boston must be transported to court “by any means necessary.”

Despite no entered plea, Boston’s jury trial is scheduled to begin Jan. 20, which also marks the first anniversary of the alleged shooting.