Joya seeks preliminary hearing in murder case | AspenTimes.com

Joya seeks preliminary hearing in murder case

John Colson
Glenwood Springs Post Independent

Josue Joya

GLENWOOD SPRINGS — Josue Joya, accused of being an accomplice to a murder that happened July 31, has asked a judge to decide whether prosecutors have enough evidence to hold him for trial.

Joya, 20, faces charges that include conspiracy to commit murder and murder in the first degree, under the theory that anyone involved in a murder is charged with the murder, for his alleged role in driving around the valley with accused shooter Fredy Cabrera on the day that Cabrera allegedly killed Douglas Menjivar.

Local attorney Garth McCarty, whom Judge Denise Lynch appointed as "alternate defense counsel," is representing Joya at the state's expense. Lynch appointed McCarty after the local Public Defender's Office informed Lynch they had a conflict of interest because chief local Public Defender Tina Fang is representing Cabrera.

McCarty requested a preliminary hearing in the case against Joya, and the judge scheduled the hearing for Oct. 22. A preliminary hearing will take place so that a judge can hear about the basic case and make a ruling as to whether she believes the prosecution has sufficient evidence to warrant a full trial.

Menjivar, 21, reportedly had angered Cabrera by moving in with Cabrera's 18-year-old stepdaughter, Leydy Trejo, at an apartment complex south of Glenwood Springs.

According to authorities, Joya told investigators that he drove around with Cabrera, 39, for part of the day July 31. Joya said he had picked Cabrera up at a home on Missouri Heights, where Cabrera left his own truck. Joya allegedly told investigators that Cabrera was drinking beer as the two drove around.

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That night, Joya allegedly told investigators, Cabrera convinced him to drive to the apartment complex where Menjivar and Trejo were said to be living together. At the complex, Cabrera allegedly shot and killed Menjivar and at the same time allegedly wounded Trejo in the leg.

According to court documents, Joya admitted to police that Cabrera took a pistol out of his own truck's glove compartment before climbing into Joya's Jeep.

When the Jeep pulled into the parking lot of the complex, Joya allegedly told police that he and Cabrera waited for a while until Cabrera saw a car pull into the lot and got out of the truck, tucking the pistol into his pants. A pistol was found later by police at the murder scene, although no information has come out as to whether it is believed to be the murder weapon.

Joya has denied knowing anything about Cabrera's intentions. As soon as Joya heard the shots, he told police, he drove away in his Jeep and left Cabrera at the complex.

Joya was arrested at his home on Aug. 3, according to court documents, and remains in the Garfield County Jail on a bond of $250,000.

If convicted, he could go to prison for as much as 48 years.

Cabrera, who is in custody without bond on a murder charge, is facing either life in prison or the death penalty.

jcolson@postindependent.com

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