2nd man jailed in Glenwood shooting
A second man has been arrested in connection with a fatal shooting last week outside Glenwood Springs.
Bond for Josue Joya, 20, has been set at $250,000. He was arrested Saturday on suspicion of conspiracy to commit first-degree murder for allegedly driving the gunman to the shooting scene.
On Monday, 9th Judicial District Attorney Sherry Caloia called it “not too likely” that she would pursue the death penalty against the accused gunman, Fredy Cabrera, 39.
Cabrera, who lives outside Carbondale and owns the El Horizonte restaurants in Glenwood Springs and Carbondale, was arrested on suspicion of first-degree murder after turning himself in Thursday at Mesa County Jail.
He’s accused of shooting Douglas Menjivar and Leydy Trejo at the Riverside Cottages south of Glenwood Springs late Wednesday night, fatally wounding Menjivar.
In an interview, Caloia said she hadn’t had a chance to think about the death penalty in the case, and she’ll have quite a bit of time to mull it over.
But she added, “My philosophy is that death penalties should be reserved for the most heinous of crimes, which usually involve more than one murder” and a defendant with a criminal history.
She said the cost of pursuing capital punishment also is a consideration, as is whether the person involved would pose a risk to the community at large if that person somehow escaped from prison.
According to an arrest affidavit by the Garfield County Sheriff’s Office for Joya, several witnesses described seeing a Jeep in the area before the shooting and leaving shortly afterward. Trejo also has told investigators Cabrera was with a second man.
The affidavit said a cellphone belonging to Cabrera was found on the scene and it had been used to call Joya a few hours before the shooting.
Authorities put out a public alert for a gold Jeep Friday in connection with the shooting. An Eagle County deputy found the Jeep associated with Joya in Basalt, and Joya was there with his father, the affidavit said.
It said Joya at first admitted to being with Cabrera Wednesday but not that night, but also changed his statement several times.
He later was interviewed by the Colorado Bureau of Investigation, and said he met Cabrera at a ranch where Cabrera left his truck after obtaining a pistol from the glove box, the affidavit said. It said they made stops in the Carbondale and Basalt area as Cabrera drank beers, and Cabrera insisted on being taken to Glenwood Springs to talk to Trejo, which Joya finally agreed to do.
It said they parked in a lower parking lot because Trejo and Menjivar weren’t there, and once they arrived, Cabrera left the Jeep with the pistol in his waistband.
A few moments later Joya heard gunshots and immediately left the area, the affidavit said.
It said Cabrera had told him a day earlier that he was angry that Menjivar and Trejo were dating. But it said Joya denied knowing Cabrera was going to shoot either of them when he was asked to drive Cabrera to their residence.
Cabrera waived advisement of his rights in court Monday. He’s not due back in court until Aug. 21, when he will be formally charged. At that time District Court Judge Denise Lynch will consider whether he should continue to be represented by the Public Defender’s Office.
Assistant District Attorney Scott Turner said Cabrera owns three businesses, two homes and six cars. But Deputy Public Defender Tina Fang told Lynch that it also must be considered how easily convertible to cash Cabrera’s assets are, particularly with him being in custody. Cabrera told Lynch Monday that he wishes to be represented by public defenders.
He remains in Garfield County Jail on a no-bond hold. His bond also is likely to be considered on Aug. 21.
Also that day, Lynch is expected to consider an appeal of a no-contact order Magistrate Holly Strablizky imposed against Cabrera in regards to witnesses and victims, as it pertains to his stepdaughter.