Judge denies bond reduction for Aspen jewelry burglary suspect
Suspect allegedly tied to New York theft, new evidence suggests
Editor’s note: Unless individuals hold positions of public trust or there is imminent danger of harm to the public (e.g., active shooter) or there is an exceptional circumstance, suspects arrested/charged will not be named/identified until there is a conviction or a plea deal is taken.
Judge Laura Makar on Friday denied a request to lower a $100,000 bond for a suspect accused of burglarizing an Aspen jewelry store in November.
The suspect, a 41-year-old from Buenos Aires, is accused of joining four others who tunneled through the walls of Wayan Indonesian restaurant and Forré Fine Art gallery in an attempt to burglarize a jewelry vault in Avi and Co, containing watches worth up to $400,000. The burglary attempt took place on the night between Nov. 10 and Nov. 11.
Justie Nicol, appointed as counsel for the suspect, argued that he was not the primary person identified in camera footage of the case. She added that he is employed, has no criminal history, and potentially has a place to stay in Colorado if released on bond. The suspect also has health conditions that require medication, which he is unable to get while detained, Nicol added.
“I do think a reduction from $100,000 cash only is appropriate,” she said. “If nothing else, a cash surety bond would be appropriate.”
She added that one of the suspect’s co-defendants in the burglary case, a 35-year-old from Chile, had gotten his bond reduced to $5,000 and has since been taken from jail by the U.S. Immigrations and Customs Enforcement.
Prosecuting Attorney James Stone said a bond reduction would not be appropriate.
He said the suspect was identified in camera footage allegedly casing the art gallery hours before the burglary and was wearing shoes that matched those worn by one of the masked figures in the burglary itself. Much of the clothing he was filmed wearing in the gallery was found in his rental car when he was caught in Vail the day following the burglary.
Stone also said new evidence has come to light. He quoted an impending warrant by Aspen Police Officer Adriano Minniti:
“On December 17, 2024, I learned that (the suspect’s) DNA collected due to a felony arrest matched DNA that was left at a crime scene in New York in September of 2024,” wrote Minniti in the report.
Stone added that the suspect lied about his identity.
“I think all of that information should cause the court to hesitate and should deny addressing or changing bond for purposes of today,” he said.
Makar said the $100,000 will remain.
The suspect was charged with three felony counts of second degree burglary, one felony count of criminal attempt to commit theft, one felony count of attempt to influence a public servant, and one felony count of criminal mischief, along with two misdemeanors.
Regarding a preliminary hearing, counsel deliberated whether the court had broken the 35-day rule, a law requiring the court to set a preliminary hearing no more than 35 days after requested by a defendant. The suspect has been in custody since Nov. 12.
Nicol argued that the court had violated the rule.
Stone said the rule was not broken because the suspect had not officially asked for a preliminary hearing, which must be done to initiate the rule.
Makar scheduled a preliminary hearing for the suspect on Dec. 8.
Skyler Stark-Ragsdale can be reached at 970-429-9152 or email him at sstark-ragsdale@aspentimes.com.
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