A First District magistrate judge set a preliminary hearing today for Tyler Rambo despite a motion from Rambo’s attorney to dismiss the charges against his client.

Tyler Rambo, 18, who is charged, among others, with attempted second-degree murder stemming from an alleged shooting downtown on July 4, will have a probable cause hearing at 1:30 p.m. in Coeur d’Alene.

Rambo’s attorney, former Kootenai County chief deputy prosecutor Rick Baughman, asked magistrate James Combo to toss out the charges against his client because Rambo, who is in jail in lieu of $1 million bail, was not receiving the medical treatment he needed. Rambo is a double amputee who lost his legs after being shot by police at City Park.

Baughman also accused prosecutors of not providing the information he requested to adequately defend Rambo in court.

Rambo’s constitutional rights, Baughman said, are being violated.

“He has been held in jail beyond constitutional levels,” Baughman said. “He has the constitutional right to competent representation and the right to a [preliminary hearing] within 14 days.”

Baughman said he was leaving town Oct. 10 for the remainder of the month and if Rambo appeared in court, Baughman would not be there to represent him.

Dismissing the case, freeing his client, and allowing Rambo to be on house arrest while Baughman is on vacation would allow prosecutors to refile charges and set a new hearing.

Rambo was shot 14 times by police after officers said he pointed a gun at them in downtown Coeur d’Alene. The local 18-year-old is charged with one count of attempted second-degree murder and one count of aggravated assault. He also faces two misdemeanor drug charges. Rambo is prohibited from being within a mile of the Coeur d’Alene Police Department. He has been ordered not to possess a gun or use drugs.

Prosecutors said Rambo was in possession of firearms and marijuana when police stopped a car in which he was a passenger earlier this month. Rambo posted $600 bail but was arrested again the following day on a $250,000 warrant on the second-degree murder charge.

Deputy prosecutor Stanley Mortensen said Baughman’s office received the discovery documents it had requested a day ago and that Baughman’s description of the jail’s medical service was one-sided.

“It would be highly inappropriate to dismiss this case,” Mortensen said.

Combo denied Baughman’s request to reduce bond and did not dismisss the case, which is set for today in Courtroom No. 8 of the Justice Building.

Combo urged Baughman to formally respond to perceived rule violations, or unsatisfactory treatment of his client.

“You can certainly address the ongoing issues if they arise,” Combo said.