In a heated preliminary hearing, Montezuma County Court Judge JenniLynn Lawrence announced on Wednesday that defendant, Garrett \u201cTy\u201d Baxstrom, 38, of Cortez, didn\u2019t qualify for a court-appointed attorney.<\/p>\n
Baxstrom is charged with one count of attempted murder as a crime of violence, two counts of assault with a deadly weapon, a count of assault to recklessly cause injury and a count of child abuse stemming from a domestic violence incident on Aug. 15 in which a 37-year-old woman was found covered in blood and dirt. She reportedly suffered gunshot injuries to her right arm and right thigh and had lacerations to her face, head, arms and back.<\/p>\n
Lawrence said the decision about Baxtrom\u2019s defense was based upon the findings of a court investigator assigned to review Baxstrom\u2019s financial records.<\/p>\n
\u201cWe need to figure out the appropriate and most fair way to move forward for Mr. Baxstrom,\u201d Lawrence said.<\/p>\n
Public defender Sara Hildebrand had requested a constitutional hearing on the court\u2019s decision.<\/p>\n
\u201cThe court\u2019s determination that a person doesn\u2019t qualify for court-appointed counsel should be heavily scrutinized,\u201d Hildebrand said.<\/p>\n
Repeatedly raising her voice, Lawrence explained that she had denied Baxstrom\u2019s application twice before because both applications were incomplete. After Baxstrom submitted a third application, Lawrence said a court investigator determined that the defendant\u2019s income exceeded the qualifications for a public defender.<\/p>\n
\u201cIf we consider his last year\u2019s tax return, he in no way qualifies for a public defender,\u201d Lawrence said, adding that she was confused why her ruling was being questioned.<\/p>\n
Lasting nearly a half-hour, a contentious back and forth ensued between Lawrence and Hildebrand. The court twice instructed Hildebrand to take a seat.<\/p>\n
\u201cAre you going to represent (Baxstrom) pro se or not?\u201d Lawrence demanded.<\/p>\n
Hildebrand insisted on making an oral argument as to why Baxstrom deserved a hearing.<\/p>\n
\u201cThe public defender is to make the initial determination on indigence,\u201d Hildebrand said, stating the court didn\u2019t follow the legal process in making its determination.<\/p>\n
\u201cI\u2019m still Mr. Baxstrom\u2019s attorney,\u201d Hildebrand said.<\/p>\n
After a brief stay, Lawrence advised Hildebrand that prosecutors could only request a hearing to overturn the court\u2019s ruling.<\/p>\n
\u201cMs. Hildebrand, you do not have standing under the statute, so your request is denied,\u201d she said.<\/p>\n
The court then asked Baxstrom to step forward, but Hildebrand again interrupted the proceedings, requesting time for her office to review Baxtrom\u2019s public defender application.<\/p>\n
\u201cYour honor, I\u2019m not sure what I\u2019m supposed to do here,\u201d Baxstrom said, turning toward Hildebrand.<\/p>\n
Lawrence subsequently advised Hildebrand again that she could appear as an independent attorney on Baxstrom\u2019s behalf or take a seat.<\/p>\n
\u201cYou take your pick,\u201d Lawrence said.<\/p>\n
\u201cI have entered my ruling Ms. Hildebrand,\u201d Lawrence continued. \u201cI think that is quite clear.\u201d<\/p>\n
Upon advising Baxstrom of his rights, Lawrence set an appearance of counsel hearing for Dec. 2, and a preliminary hearing on Dec. 23.<\/p>\n
According to authorities, Baxstrom reportedly fired three shotgun blasts at his common-law wife after beating her nearly unconscious. The shooting occurred at the couple\u2019s residence on the 8000 block of U.S. 160 just after 11 p.m. on Aug. 15.<\/p>\n
After the alleged attack, authorities said, the woman hid in a ditch for about two hours before walking to a neighbor\u2019s home to call 911.<\/p>\n
Baxstrom remains out of custody after posting a $250,000 bond on Aug. 27.<\/p>\n","protected":false},"excerpt":{"rendered":"
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