The preliminary hearing and arraignment of a Lawrence man charged with various offenses in three separate cases — aggravated assault of an officer, aggravated battery and DUI, eluding police, criminal threat, interference with law enforcement duties and battery of a law enforcement officer — was delayed once again after prosecutors on Tuesday said they had been unable to subpoena three witnesses.

Zachary James Ortiz

Zachary James Ortiz, 24, who was shot by police in June after allegedly leveling a shotgun at an officer who confronted him inside his home, has already had a preliminary hearing in his first case in September and was bound over for trial.

On Tuesday, the state planned to present evidence at a preliminary hearing that Ortiz should be bound over for trial on his second case of aggravated battery.

Ortiz was arrested on suspicion of aggravated battery Oct. 21 after an alleged disturbance with weapons involving an ex-girlfriend of Ortiz’s, according to the arrest affidavit. The victim told police that Ortiz had strangled her and held a knife to her face, the affidavit said.

Prosecutor David Melton has been trying to no avail to find the ex-girlfriend, her daughter and her daughter’s boyfriend to testify at a preliminary hearing for Ortiz’s aggravated battery charge. Last month, the state requested to reschedule the preliminary hearing because two of the witnesses could not appear in court because of “illness” and “travel plans.”

Melton noted that it would be rare for the state to be granted a second continuance, but that because of Ortiz’s other pending criminal cases, another extension should not place a harsh burden on the defendant.

Ortiz’s attorney Cooper Overstreet said that because the state is asking for another extension, the aggravated battery charge should be dismissed.

District Judge Peggy Kittel ultimately set a new preliminary hearing in the aggravated battery case that was scheduled for March 14. If prosecutors are still not ready to present a preliminary hearing on that date, then the charge with be dismissed, Kittel said.

Ortiz was also to be arraigned Tuesday and to make a plea on the charge of aggravated assault of an officer, but it was postponed until March 14 so it could follow the aggravated battery case. Further court proceedings in his third case have not yet been set.

Ortiz is out of the Douglas County Jail after paying about $130,000 in bonds since June for his three cases. He is required to wear a patch to detect alcohol consumption.