Rafael Arellano, 23, appeared in county court April 6, to challenge the District Attorney’s case against him in a preliminary hearing and to argue for lower bond.
A preliminary hearing considers whether evidence against a defendant is sufficient to support charges. The consideration is done in the light most favorable to the prosecution.
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In that incident, a car driven by Dolores Valencia was targeted and struck several times by gunfire. She and her passenger escaped injury and, according to police reports, described a black Ford suspect vehicle to police.
Investigators located a similar vehicle and arrested its driver on suspicion of drug offenses, but did not name him as a suspect in the shooting. The man ultimately pleaded guilty to possession of a controlled substance and received two years’ probation.
A second shooting, again targeting Valencia’s car, took place near a local bar within the week of the first incident.
Valencia was arrested last August on drug charges. She was sentenced in January to two years’ probation.
Police identified Arellano as the shooting suspect in the first incident based in part on information from witnesses. A warrant was issued in November; Deming, N.M. police captured Arellano in February and he was returned to Montrose.
Arellano’s defense attorney Susanne Ross said in a written motion for lower bond the case against her client was weak. “There is no physical evidence against him, no weapon and no evidence that he ever possessed or used a weapon,” she said, also arguing that the physical identification of Arellano was suspect.
“The only ID of Mr. Arellano was made by the man originally suspected to be the shooter. That man was seen with the gun at his home...and provided a statement against Mr. Arellano upon learning that he himself was the focus of the investigation.”
Arellano’s bail of $500,000 was oppressive, Ross argued. She said he and his familial support network all live in Colorado and his wife and children have moved to the state to be near him. His income was needed to support them, Ross said.
“Mr. Arellano does not know the victims of this alleged crime nor have any reason to harass or disturb them. He is anxious to exonerate himself.”
District Attorney Myrl Serra said Wednesday the factors of the case supported the higher bond.
Arellano is also charged with aggravated motor vehicle theft and waived his right to a preliminary hearing on that charge. Serra said he also pleaded guilty to escaping from a work release sentence on a previous misdemeanor. Additionally, Serra said, Arellano left the state and had to be brought back from New Mexico.
Bond was left at $500,000 and the attempted assault charges were bound over to district court. Arellano will appear for arraignment at 9 a.m. May 21.
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