Judge sets $1M bond for shooting suspect
December 3, 2004
A juvenile who prosecutors have identified as the lone suspect in the shooting death of James Calvin Pogline, 32, was handed a $1 million bond in an emotional appearance Thursday in District Court.
Hugo Antino Silva-Larios, who turned 17 on Thursday, sobbed during an advisement on his charges and a bond hearing by Judge Paul McLimans, said Kris Hammond, the defendant’s attorney.
Silva-Larios could face up to 48 years in jail and fines of up to $1 million for two felony charges of second-degree murder and possession of a dangerous weapon. An additional sentence-enhancing charge of possession of a “short” rifle with the intent of using it could add more years onto Silva-Larios’ sentence if convicted, court clerks said.
Pogline died Oct. 23 from a gunshot wound to the head that he was inflicted on him at the Timberglen Apartments on Oct. 22.
According to court documents, the District Attorney’s Office requested a $5 million bond. That amount would have been similar to posting “no bond” Hammond said.
Hammond requested a $50,000 bond in the case and that the defendant be returned to the Grand Mesa Division of Youth Corrections in Grand Junction.
“There’s no way he can post a $1 million bond,” Hammond said Friday.
McLimans ruled earlier this week that Silva-Larios be moved to the Moffat County Jail because he will be tried as an adult. According to court documents, the juvenile will not be allowed to return to the Grand Junction facility.
Silva-Larios is being held in lockdown conditions for all but two hours a day to ensure his safety, Moffat County Jail Administrator Dean Herndon said.
This marks the first case of a juvenile being held in the adult facility. According to custody requirements, Silva-Larios cannot be held in areas with other adults, or in the jail’s general pods where the majority of the inmates live.
“For his safety, this is where he has to be,” Herndon said.
Silva-Larios is set to receive another criminal attorney, Edward Nugent of Glenwood Springs. Hammond said he has not yet received evidence in the case from the District Attorney’s Office, but he expects it soon.
Silva-Larios is expected to appear for a preliminary hearing Jan. 26. He waived his right to a preliminary hearing within 30 days because defense attorneys said they need more time to sift through a multitude of documents and videotapes in the case.
Amy Hatten can be reached at 824-7031 or firstname.lastname@example.org