No bond reduction for Scott

MONTROSE — Jail is the best place for Nicholas Scott, the judge ruled Monday when Scott’s new attorney asked for a personal recognizance bond.

Scott, now 20, faces possible revocation of a probation sentence he was given in February for misdemeanor animal cruelty. Scott was held responsible for taking two goats that belonged to an elderly Olathe man and stabbing them to death.

In a separate case, Scott was accused of violating probation on his third-degree assault plea.

Scott appeared in custody after having failed to appear Nov. 5.

Monday, he switched from the public defender to a private attorney, Michael Stern, who told the court he was seeking an agreement that would allow Scott to return to his family in Virginia.

Stern said he was trying to arrange an agreement whereby Scott could receive familial support and pay court-ordered restitution, possibly through interstate compact or simply by changing his probation to unsupervised.

Stern also asked that Scott’s $5,000 cash-only bond to be reduced to a PR bond, or at least to a $2,000 cash or surety (bondsman-secured) bond.

Deputy District Attorney Jerry Montgomery pointed to Scott’s history as reason why the current bond should remain in place.

Scott was already afoul of the court when he appeared for sentencing in the animal cruelty case in January. At the time, Judge Dennis Friedrich (since retired) lectured Scott for “blowing” two previous chances at probation and said he’d come close to having his plea agreement canceled.

The sentencing was continued to February when Scott received 90 days’ jail with work release, plus two years of supervised probation. At the time, his public defender could not explain why Scott reportedly failed to take urinalysis tests as ordered.

Complaints to revoke probation were made in May. At a July hearing, his next public defender said Scott “intended” to take the drug tests, but that the case was “a lot for a 20-year-old to handle.”

Scott then allegedly failed to show up for his scheduled hearing two weeks ago and was subsequently arrested.

“Mr. Scott has failed to appear on these cases,” Montgomery said. Additionally, he said Scott was apparently homeless and living in his pickup truck.

“I don’t see how we’re doing him a favor by letting him out,” Montgomery said, asking for Scott to be held in custody until his case could be resolved.

Stern said that one of Scott’s friends and the friend’s father were willing to have Scott live with them.

Judge Jeff Herron turned down the bond request. “Mr. Scott has had a difficult time getting to court,” Herron said, agreeing to set his next hearing as soon as possible. “In the meantime, I’m going to leave bond where it’s at.”

Scott’s next hearing was set at 9 a.m. Dec. 12. Plea negotiations continue.