16-year-old accused in shooting to be tried as adult
Prosecutors have charged a 16-year-old with second-degree murder and possession of a dangerous weapon in connection with the shooting death of James Calvin Pogline.
On Tuesday, 14th Judicial District Court Judge Paul R. McLimans granted a motion filed by the prosecution to try Hugo Antino Silva-Larios as an adult. If convicted, Silva-Larios faces up to 48 years in prison and fines of up to $1 million.
In addition, Silva-Larios faces a sentence-enhancing charge of possessing of a short rifle with the “conspiracy to commit, or the immediate flight from, the offense (second-degree murder),” according to court documents.
Silva-Larios is being held without bond at the Grand Mesa Division of Youth Corrections in Grand Junction. Because the judge ruled that he will stand trial as an adult, he will be returned to the Moffat County Jail to await trial.
McLimans noted that the defendant will be allowed to have a bail hearing.
Lt. John Forgay of the Craig Police Department said prosecutors didn’t have enough evidence to press for a charge of first-degree murder. A first-degree charge means a murder was conspired or premeditated. It carries a minimum sentence of life in prison to a maximum sentence of death.
Typically, charges filed by the District Attorney’s Office are accompanied by an affidavit, reconstructing the events of a crime as recorded by law enforcement. That document was not included in the court file.
Police previously testified in court that Silva-Larios had admitted to possessing and shooting a “sawed-off” .22-caliber rifle on Oct. 22, the night Pogline was shot in the head at the Timberglen Apartments. Police have not provided a motive for the shooting.
Silva-Larios is set to appear in court next for advisement and a bail hearing, but those dates have not yet been set.
Amy Hatten can be reached at 824-7031 or by e-mailing her at
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