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A judge issued a $5,000 secured bond for the man accused of killing a woman at the Imperial Sky Motel on Dec. 6, but he stopped short of agreeing with prosecutors that a no-bond hold was needed.
The secured bond, which means a bond a defendant must pay before leaving jail, will likely keep Alan Leyva-Vasquez, 22, in jail for some time more. It was revealed in court that Leyva-Vasquez has no job and lived at the motel, where he is accused of backing an SUV into an apartment and killing 55-year-old Kari Scholin.
District Judge Richard Jacquez found that Leyva-Vasquez was dangerous but said prosecutors presented no evidence that showed Leyva-Vasquez would not comply with the conditions of release. New Mexico state law requires that prosecutors prove both points before a judge can order a defendant jailed without bond.
“I am bound to follow the law,” Jacquez said.
In fact, most of the hearing involved Leyva-Vasquez' lawyer, Frank DePalma, emphasizing the possibility his client was the victim of a crime that led directly to the crash. According to a criminal complaint, Leyva-Vasquez told police that three men had chased him around the area before he made it to the SUV.
After getting inside, the criminal complaint states that Leyva-Vasquez slammed the gas, sending the three-ton vehicle into the apartment. Police said Scholin was dead by the time they arrived on scene, while a 59-year-old man received minor injuries.
“In no way do I think a death was intended,” DePalma said.
Richard Wellborn, a prosecutor from the Third Judicial District Attorney's office, reminded the court that Leyva-Vasquez also told police he planned to pursue “a second vehicle” before backing into the motel.
Still, Jacquez said there wasn’t any evidence to show that Leyva-Vasquez would not abide by the conditions of release. Among the normal conditions like abstaining from drug or alcohol use and possessing a gun, Jacquez also told Leyva-Vasquez that he must remain in the county.
