A Montrose man suspected of acting as an accessory to attempted second-degree murder will be allowed to post bail through a bondsman.
The circumstances informing the allegations against 26-year-old Ricardo Olmos Jr. are still being kept from public view after his June 3 arrest. Prosecutors, who obtained a court order to seal the arrest affidavit, have said in open court that the related investigation is ongoing and there is a possible risk to some parties.
Wednesday, after three prior delays arising from the sealed nature of the case, Olmos Jr. was able to have a bond hearing.
Defense attorney Brent Martin said his client’s bail should be cut from $25,000 to $5,000 and that he should also have the option of securing it through a bondsman, instead of cash-only.
Olmos Jr. scored low on a statutory risk assessment; has limited criminal history; a permanent residence and employment. He is not a flight risk and also scored as a low risk in terms of public safety, Martin said.
Although formal charges have not been filed, and such are at the discretion of prosecutors, Martin said he anticipates a lower-level charge than the current class-4 felony allegation on which Olmos Jr. was being held Wednesday.
The $25,000 bail as set is “exorbitantly high” and the cash-only provision is not appropriate, Martin also said.
“We don’t even know what Mr. Olmos (Jr.) will be formally charged with,” Martin said.
Deputy District Attorney Andrew Boyko steered clear of case specifics, saying the court has access to that information. The allegations are “substantial and serious,” he said.
“There is ongoing public safety risk,” he said, asking for bond to remain at $25,000 cash-only.
Montrose County Judge Ben Morris didn’t grant a reduction in bail, but did change the type to cash or surety, which allows Olmos Jr. to post bail through a bondsman.
He noted all of the defendant’s mitigating factors, including his low flight risk. What prosecutors allege are not formal charges, Morris also said.
“At this point, I do have some public safety concerns,” he added in making his decision.
Olmos Jr.’s next appearance was set for June 20 and prosecutors were asked to bring formal charges by that time.
Katharhynn Heidelberg is the Montrose Daily Press assistant editor and senior writer. Follow her on Twitter, @kathMDP.