A Durango man suspected of assaulting another man last week on the Animas River Trail will likely remain in jail after a judge set bail at $20,000.
Antonio Nez, 31, accused of felony assault, was formally advised Monday in La Plata County Court. Nez, wearing a jail-issued jumpsuit, stood quietly as lawyers discussed bail.
A prosecutor said Nez has a history of violence and a string of failures to appear in court. But a public defense lawyer said Nez has family in the area, is not a flight risk and would like to look for jobs during the course of his case.
Judge Martha Minot set bail at $20,000, saying she is concerned by the seriousness of the alleged assault and that Nez has failed to appear for court five times in the past.
He had a blood-alcohol level of 0.355, more than four times the legal driving limit of 0.08.
The incident occurred about 9 a.m. Friday on the river trail in the 800 block of Camino del Rio. According to an arrest affidavit, police arrived to find Davidson Curley Chee, 38, lying on the pavement with blood on his face. He was unconscious and had difficulty breathing.
Nez was standing nearby with his right hand in his pocket and his left hand holding a cellphone to his ear.
Durango Police officer John DiMatteo asked Nez what he saw. Nez took his hand out of his pocket and said, “I did it,” according to the affidavit.
Nez’s right hand was covered in blood and had multiple cuts, according to the affidavit.
During a car ride to Mercy Regional Medical Center, Nez said several times without being asked he “beat the (expletive) out of that (expletive).”
“It was his fault, he shouldn’t have called me a Navajo,” he said at the hospital.
Chee was taken to Mercy before being airlifted to St. Mary’s Hospital in Grand Junction in critical condition. His condition had been upgraded to “fair” as of Monday, according to a spokeswoman.
Formal charges are expected to be filed April 21 in 6th Judicial District Court.
shane@durangoherald.com
