A man who didn’t appear Monday in 6th Judicial District court for sentencing on charges related to breaking into a downtown Durango apartment last year is not alone.
In fact, three defendants, including Matthew Bennett Smith in the above-mentioned case, failed to appear before Judge Suzanne Carlson.
Carlson issued a bench warrant for the arrest of each and set a bond amount. The bond for Smith was $5,000.
“It happens much more frequently than we like,” District Attorney Todd Risberg said later Monday.
The apparent ease with which defendants remain out of jail while awaiting sentencing stems largely from a revision by legislators last year of the state bond statute, he said.
The overarching philosophy is that few defendants as possible should be kept incarcerated, he said. People in jail lose jobs, lose vehicles, lose houses.
“The legislators decided that more people should be out on bond,” Risberg said.
Smith, who pled guilty to first-degree criminal trespass in a prior court appearance, faced a deferred judgment, Deputy District Attorney Justin Fay said. He would have been placed on probation for a period of time, and if he fulfilled his obligations, the charge would be dismissed.
The bench warrant alerts law enforcement that Smith is wanted. If he is arrested, he must post $5,000 to get out of jail.
In June 2013, he entered an apartment in the 1000 block of Main Avenue from the alley, armed with a screwdriver and a knife.
The tenants heard him enter and locked themselves in a bedroom. They called police, who had to shoot Smith twice with bean-bag rounds to subdue him.
daler@duangoherald.com
