January preliminary hearing set in murder case
A preliminary hearing has been set for Jan. 13 for a Roaring Fork Valley restaurant owner accused of fatally shooting his stepdaughter’s boyfriend and shooting and injuring her.
However, the hearing could be delayed due to Cabrera’s apparent plans to be represented by a private attorney rather than public defenders.
Cabrera owns multiple homes and businesses, including the El Horizonte restaurants in Glenwood Springs and Carbondale. But 9th Judicial District Court Judge Denise Lynch had ruled he is entitled to free legal defense because he owes more on his homes than they are worth and has other assets that aren’t easily convertible to cash.
Deputy Public Defender Tina Fang told Lynch in court today that it appears a brother of Cabrera’s will be hiring private counsel for him.
Cabrera’s brother reportedly works at his restaurants.
In a previous court filing, Fang has cited an estimate from Greg Greer, who formerly worked in public defense in Glenwood Springs, that it could cost $450,000 or more to pay for private representation in a first-degree murder case.
Cabrera, 39, is charged with first-degree murder after deliberation after allegedly shooting Douglas Menjivar and Leydy Trejo near Glenwood Springs July 31. Police affidavits indicate witnesses have said Cabrera was upset about the two dating and having moved in together.
Assistant District Attorney Scott Turner asked today that Lynch proceed with setting a preliminary hearing date despite the uncertain status of Cabrera’s representation, to try to avoid further delays in the case.
A preliminary hearing is held to determine whether there’s sufficient evidence to bind a defendant over for trial.
Cabrera remains in Garfield County Jail on a no-bond hold.