Judge denies bond request for man accused in shooting

Staff Writer

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A man accused of shooting a Clovis Police Department officer last month made a brief appearance in district court Monday morning, requesting through his attorney that his bond be reduced in a separate case. But the court denied the motion.

Anthony Baca is slated to stand trial Jan. 24 on a possession of a controlled substance charge, with his attorney, Julita Leavell, seeking bond reduction Monday before Judge Matthew Chandler. The prosecution said Baca failed to appear regarding the possession charge, and the motion to revoke his bond was initiated.

Baca is accused of assault with intent to commit a violent felony upon a peace officer, aggravated battery upon a peace officer and resisting, evading or obstructing an officer in the alleged shooting of Clovis Police Officer Chris Caron on Aug. 29.

“He does have ties to the community, but he is unable to come up with $5,000 cash at this time,” Leavell said. “He feels that is excessive, as these are allegations at this time. We have a lot to sift through and are asking the bond be made 10 percent of that $5,000 so that my client can assist as we go through these cases.”

District Attorney Andrea Reeb requested the bond remain.

“We are asking the court to keep the bond of $5,000 cash-only in place for failure to appear,” she said. “There are three felony pending cases in district court already, there’s this matter and when he was out on bond on this — this is when he ran from an officer and added new charges for shooting a police officer. In addition, I believe he has two useable prior felonies, multiple arrests and failures to appear. Based upon all of this we ask the bond remain at $5,000 cash-only. I just don’t see how this individual deserves a 10 percent (bond). He was given proper notice multiple times to be here.”

Chandler delivered the following ruling:

“I’m going to leave bond as is, taking into consideration the defendant’s past conduct, criminal history as well as his record concerning appearances in court proceedings,” he said. “The bond shall remain at $5,000 cash-only.”

Chandler said pre-trial conference is slated for Nov. 10, a docket call Jan. 17 and jury selection Jan. 23.

In other court proceedings on Monday’s docket:

• The trial for an Albuquerque man accused of stabbing a Clovis woman multiple times was rescheduled for January.

It had been slated for next week.

Aaron Morrisette, 32, attended a docket call hearing before Judge Chandler. Morrisette faces charges of first-degree kidnapping with intent to commit sexual offense, armed robbery, aggravated battery against a household member with a deadly weapon, assault with intent to commit a violent felony against a household member, unlawful taking of a motor vehicle, and tampering with evidence.

“I’m asking for a postponement,” said Morrisette’s attorney, Thomas Harden.

Harden said the doctor conducting the evaluation would not be available for the month of October.

“I’ve requested to do a forensic on him, as a specific intent issue,” Harden said.

Chandler granted the request. Morrisette’s trial was rescheduled for Jan. 3-4.

• David Gutierrez was charged last year with first-degree murder in connection with the 2002 shooting death of Jose Valverde.

Judge Drew Tatum granted a prosecution motion for a continuance and set Gutierrez’s trial for Jan. 23-27.

“We had an expert to review (polygraph) records and write a report,” Reeb said. “Little did we know he was unavailable for this trial. He was scheduled to be in many different places to do work-related things.

“We have to have him as a witness to explain the polygraph test that is not, in our opinion, recognized as a way to do polygraphs anymore. There is no way for us to go to trial without this individual. His schedule just won’t allow him to be here.”

James Klipstine represents Gutierrez.

“My client has been in custody for almost a year,” he said. “He is entitled to a speedy trial. There’s no ground for continuing this matter, particularly when my client remains in jail. We feel a continuance is inappropriate.”

Klipstine also argued Gutierrez has received no medical treatment from the New Mexico Department of Corrections — because he is not a state prisoner.

“The intent in moving him out of Curry County has failed completely,” he said. “My client has a medical condition that requires medical intervention to save his life and he is not getting any attention at all. It is not cancer he has but some type of vascular or blood disorder that requires removal of his spleen. If he doesn’t get medical attention, he could die.”

Tatum implored Klipstine to provide medical records to the court.

“I need some type of confirmation as to what his (Gutierrez’s) medical condition is,” the judge said. “In addition to what is needed to treat him and whether the Department of Corrections can handle his needs. I’m all ears when I have that.”