After hearing conflicting stories, a Montezuma County judge ruled that the District Attorney’s Office established probable cause that a Cortez man committed aggravated robbery in July.
The case was bound over to 22nd Judicial District Court after Wednesday’s preliminary hearing.
Shane Begaye, 32, was arrested on a warrant in October in connection with an alleged robbery on County Road 25 over the summer. The alleged victim in the case, Jerry Smith, and the investigating officer, Montezuma County Sheriff’s Deputy Steven King, were subpoenaed and testified in court on Wednesday.
Despite the subpoena, Smith initially did not appear in court for the 2:30 p.m. docket. Assistant District Attorney Matthew Margeson said Smith told him he had frostbite on his toe and couldn’t make it. Montezuma County Judge JenniLynn Lawrence ordered a deputy to retrieve Smith from his home on County Road 25.
“He is under subpoena,” Lawrence said. “He is required to be here.”
About an hour later, Smith was in court and ready to testify. He was wearing tennis shoes and was able to walk unassisted.
Margeson cross-examined Smith. He testified that in July Begaye came onto his property and took two 12-inch Kenwood subwoofers from his car. He valued the subwoofers at $600. He repeatedly testified that he was “half asleep” during the incident and when he spoke to the deputy.
Margeson asked Smith if he told the deputy that Begaye had a gun and if he pointed it at him. Smith avoided answering the question directly and said, “I was half asleep and half awake.”
He then testified that Begaye had pointed his finger at him rather than a gun. He said Begaye did not have permission to be on the property or to take the two subwoofers.
Under cross-examination by public defender Jonathan Jourdane, Smith testified that Begaye did not have a gun and that he did not feel threatened by Begaye.
Smith testified that they “had an agreement” over an amp, but he said Begaye told him the amp didn’t work, so he came to take the two subwoofers. Smith said he agreed that because the amp didn’t work, he was OK with Begaye taking the speakers.
The question of whether Begaye had a gun was a main point in King’s testimony. Upon cross-examination from Margeson, King testified that in July he responded to Smith’s report of a theft. When he arrived, he said Smith told him that Begaye came to his property, stole two speakers, words were exchanged, and Begaye pulled a gun.
Margeson played a portion of King’s body cam video that clearly shows Smith telling the deputy that Begaye had a gun. In the video, Smith gestured as if he was pulling a pistol from his waistband to show how Begaye had drawn the gun. King also testified that a firearm was never recovered in the case.
Lawrence said she recognizes that in sworn testimony Smith said Begaye didn’t have a gun despite his statement in the body cam. But she ruled that the prosecution established probable cause of aggravated robbery and that items were taken from Smith’s property.
Begaye is scheduled for arraignment in 22nd Judicial District Court on Feb. 5.
sdolan@the-journal.com
