Bond reduced in Aspen case
July 21, 2009
ASPEN – A judge Monday cut in half the bond for a man who has been incarcerated in the Pitkin County jail since March for allegedly contributing to the delinquency of a minor.
District Judge James Boyd also scheduled a preliminary hearing Aug. 7 in the case against Dandy Vickery, 46, of parts unknown. It marks the second time Vickery will go to a preliminary hearing, as Boyd ruled that the evidence he heard in the first hearing on July 7 did not fit the charges against him.
“There is a variance between the offenses charged and the evidence heard at the preliminary hearing,” Boyd said, before reducing Vickery’s bond from $15,000 to $7,500.
He added: “Probable cause was found for the offense, just not the one [originally] charged.”
The district attorney’s office has amended the charges against Vickery, and has until Aug. 3 to file a motion protesting another preliminary hearing, which is held to determine whether a suspect in a crime should be held for trial.
“I am not sure the defendant has a right to another preliminary hearing,” assistant district attorney Richard Nedlin told Boyd.
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However, Vickery’s attorney, Kathy Goudy, said Vickery is entitled to another preliminary hearing because the district attorney’s office has amended its charges against Vickery.
In other court developments:
• Boyd dismissed a first-degree assault charge against Christopher Melendez, 30, of Aspen who is accused of attacking a costume-designer who worked on the locally produced film, “Cougar Hunting.”
The dismissal comes after a July 7 preliminary hearing, at which the judge ruled there was sufficient evidence to bind Melendez over for trial on separate counts of second-degree attempted murder and first-degree burglary, which are both class-three felonies.
His attorney suggested Melendez is open to a plea agreement instead of going to trial.