On Wednesday, Delsin Freeman, 18, and a minor appeared in court for their suspected involvement in September’s shooting near Empire and Market streets in Cortez.
The minor’s turn in court took place via WebEx at 11 a.m. Wednesday in 22nd Judicial District Court for a detention hearing and return filing of charges. Judge William Furse presided over the hearing.
He is being held in juvenile detention in Grand Junction without bond for “serious Class 2 felony charges.”
The DA’s office told Furse that there was probable cause to believe that the minor was involved in the shooting, but was unable to provide evidence when Furse requested it.
The minor’s attorney said that others questioned in the investigation indicated that he was merely a passenger in the car when the shooting occurred.
She also said he did not have access to firearms.
She asked that his charges be adjusted to reflect the testimonies and asked that he be released from juvenile detention because he was not a risk to the public.
According to the court, he has no previous criminal record, though he is on probation through April for an alcohol offense in 2023. There had also been some “behavior issues” while in Grand Junction.
Furse said he was “disappointed” that prosecutors did not provide evidence or facts in a serious case such as a Class 2 felony. He added that it was unacceptable.
He said he would allow the DA’s office to give an amended statement Jan. 24 at 10:30 a.m.
Because of the lack of evidence and public threat, Furse ruled that the minor could be released to a guardian Friday, Jan. 12.
“I have no idea what he’s done wrong at this point, so I’m gong to assume his innocence,” Furse said.
As part of his supervision, the minor cannot be in contact with or around his cousin, another minor who is still being sought by police in connection to the shooting.
Freeman appeared in Montezuma County Court via WebEx from the Montezuma County Detention Center. His bond was set for $250,000 at the opening of his hearing, presided by Judge JenniLynn Lawrence.
During Freeman’s court case on Tuesday and Wednesday, the court acquired attorney Jeni Stinson from Stinson Law Office in Denver to defend him.
The DA’s office presented a bond argument, saying that Freeman was present in the shooter’s car and was “part of the attempt to murder Noah Farrar,” adding that there were serious concerns of public safety if Freeman were released.
Stinson said that after speaking with Freeman, she could confirm that he was in the car, though she had not had time to review the facts of the case or the affidavit, as she had been chosen as his attorney after the hearing had already started.
She asked that they move the bond argument a few days, so that Freeman could find representation closer to the county and so they would have time to review the case in its entirety.
She also requested that the bond be lowered, saying $250,000 seemed high with little evidence that Freeman was involved other than being in the vehicle.
In response, Lawrence lowered Freeman’s bond to $25,000. The court found attorney Rachel Lanzen to be his counsel.
Freeman’s parents also addressed the court, saying that he was the provider for the family because his father is unable to work.
His mother told Lawrence that he also helped to raise his young niece and nephew.
“I’ve already lost my oldest son. He’s the only son I have left,” she said.
The night of the shooting on Sept. 26, bystander Josilyn Mark was injured by a gunshot. Judge Todd Plewe on Dec. 13 dismissed all charges against Zane Killsinsight, who said he merely was driving through the area at the time of shooting.
Others arrested in suspected connection to the shooting are Demetrius Adams, 18, who had his return filing of charges and appearance on bond on Thursday, and Trinadie Lopez, 19, who awaits the results of a polygraph test before his next court date on Tuesday, Feb. 13 at 10 a.m.
Lopez turned himself into police after the warrant for his arrest was made public. Demetrius Adams was arrested by Cortez police at Walmart on Dec. 16, and Freeman and the minor were arrested by the Bureau of Indian Affairs in Towaoc on Dec. 17.
The minor will appear in court and the DA’s office will be able to amend their statement on Wednesday, Jan. 24 at 10:30 a.m.
Freeman will have his hearing on bond and preliminary demand on Tuesday, Jan. 23 at 9 a.m. in Judge Todd Plewe’s courtroom.
