Don’t lower bond, mother of victim pleads
The mother of a Grand Junction woman who was killed by an alleged hit-and-run driver in October made an emotional plea Wednesday against a bond reduction for her daughter’s accused killer.
Public defenders for 27-year-old Cody Boden are asking District Judge Brian Flynn to reduce or modify a $50,000 cash-only bond for Boden, who is charged with one count of leaving the scene of an accident involving death as well as three counts of distribution of a controlled substance. Boden is currently being held at the Mesa County Jail.
Johanna Boyd, Boden’s public defender, repeatedly raised Boden’s service in the U.S. Army, his combat deployments and diagnosed post traumatic stress disorder in justifying a lowered bond. That didn’t sit well with Debra Davidovich, whose daughter, Amber, 32, was cut down by a truck on Oct. 7, 2012, allegedly driven by Boden.
“He may have PTSD and, well, so do I,” Debra Davidovich told the judge. “I’m angry, I’m depressed, but I’m not a menace to society. Please do not let him out to do drugs and kill somebody else.”
Boden was arrested Oct. 19, 2012, following an investigation in which one witness reported Amber Davidovich yelling “Pablo” while trying to flag down a truck eastbound on Main Street near Ninth Street around 2:30 a.m. on Oct. 7, according to an arrest affidavit.
The witness reported Davidovich ran toward the truck and saw a brake light before the truck stopped and backed in reverse, the affidavit said. A male voice was heard from the truck asking, “Who are you?”
The truck sped away and Davidovich was critically injured in the street. She died two days later.
In a phone conversation recorded by police, Boden is allegedly heard admitting to hitting the woman and driving away. A woman who was in the passenger seat of Boden’s truck told investigators Boden refused to stop after insisting “I’m not going back to jail.”
The statement shows Boden is a “massive” risk to flee if out of custody, Chief Deputy District Attorney Dan Rubinstein said, objecting to any bond changes.
In another conversation, Boden allegedly threatened to kill himself and his infant son if his involvement in the fatal accident was reported to police by loved ones.
Boden was charged with attempted murder stemming from a September 2009 incident in Arapahoe County when Boden fired a handgun over the heads of several people during a confrontation. He was sentenced to probation after pleading guilty to a reduced charge of third-degree assault.
Attorneys on both sides Wednesday said the 2009 incident was attributed to Boden’s PTSD.
Boyd told the judge Boden had nine known injuries, including a brain injury, from his five combat deployments to Iraq and Afghanistan between 2006 and 2009. He received a medical retirement from the Army in 2009, Boyd said. Boden, a Grand Junction native and R-5 High School graduate, also was diagnosed with bipolar disorder, Boyd told the judge.
Flynn said he will issue his decision on the bond request in writing.