Man charged with assault, kidnapping gets bond reduced
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.
The Pitkin County Court reduced a sexual assault suspect’s’s cash-only bond from $50,000 to $25,000 at an arraignment on Monday.
The suspect was arrested on Sept. 13 for allegedly holding a 19-year-old woman against her will in a van for 10 days in the Buttermilk Parking Lot, removing the woman’s memory card from her phone, supplying her illicit drugs, and sexually assaulting her, according to a Pitkin County Sheriff’s Office arrest report. The alleged period occurred between Dec. 15 and Dec. 25, 2023.
The suspect is charged with felony sexual assault, unlawful sexual contact, and false imprisonment. He is also charged with misdemeanor menacing, theft, third-degree assault, and obstruction of telephone or telegraph service.
Trent Palmer, the suspect’s attorney, advocated to have the suspect’s bond reduced so he could make bail.
“(The suspect) has limited to no criminal history, I see one traffic offense and one, I believe, a driving under the influence, maybe while ability impaired,” Palmer said. “That’s it, no felony charges or convictions prior to this.”
He said the suspect’s father and stepmother live in Montrose, who the suspect could stay with if released on bail. He said his client also has a grandmother in Paonia, who could let him stay there. Palmer said there’s no indication that his client wouldn’t appear in court, if released on bail.
Palmer suggested revising the cash-only bond to around $5,000, which the suspect would have to pay himself. Or, Palmer said the court could set a cash surety bond around $20,000, which a hired entity could pay on the suspect’s behalf.
“He’s not a safety risk. I think at worst, he could be potentially, from the people’s perspective, a risk to certain people in Aspen, specifically,” Palmer said. “But (the suspect) does not anticipate staying in this specific area if he gets released and can be with his family, so we’d ask for a significant reduction.”
Prosecuting attorney James Stone advised the court to keep the bond amount the same.
He listed seven times the suspect failed to appear in court in the past five years, arguing that the suspect may not appear for a court date if released.
Based on court documents, Stone believes the suspect pays rent on a month-to-month agreement.
“He pays $895 a month for a room, and I think the court can consider that as well,” Stone said. “The fact that he is not permanently tied to the area, does not have a mortgage, and it seems like he doesn’t have a lease that he is tied to.”
The alleged victim’s mother said she agreed the bond should not be lowered.
“To protect her and to ensure that this individual is not out harming other individuals,” the mother said, referring to her daughter and to the suspect. “I believe, to support the existing bond.”
Retired Jefferson County Judge Randy Arp, assigned to Monday’s docket, said the reason the bond was set to $50,000 in the first place was due to the severity of allegations regarding the suspect in the affidavit.
“The most pertinent to determining bond were the alleged threats by the defendant to harm not only the victim in this case,” Arp said, “but her family if she failed to do what he was requiring her to do.”
He said the seriousness of the charges do suggest a higher risk for the suspect to flee, should he be released.
Given the facts and circumstances of the case, he said there is concern that the $50,000 bond is too high.
“The court will maintain the cash only basis of that bond and find that the defendant does present as a threat to the victim in this case and her family based on the threats contained in the affidavit,” Arp said. “But will reduce the bond to a $25,000 cash-only bond.”
The suspect’s next court appearance is Nov. 18 for further arraignment and the setting of preliminary hearing.
Skyler Stark-Ragsdale can be reached at 970-429-9152 or email him at sstark-ragsdale@aspentimes.com.
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