Dozens of interested parties listened to the final testimony Friday in the hearing for a retrial of Chip Davis Sutherland. Convicted of killing his grandmother five years ago, Sutherland waved good-bye to family and supporters as he was escorted out of district court Friday afternoon following closing statements by his defense attorney, Alex Tejada, and Assistant District Attorney Katy Cabot.

Judge Sharon Hansen advised the court that there was "a great amount of evidence to review," before ruling on granting or denying a retrial and that she would prepare a written response on her decision.

"I can’t say when that will be," Hansen said.

Sutherland is serving a life sentence plus 36 years for the first-degree murder of his grandmother, Ida Jean Wancura, during a failed robbery. During the Jan. 3, 1996, attack, Wancura’s husband, Wayne, was also shot and seriously injured by Antonio Velasquez, who is serving a 45-year sentence for his participation in the violent crimes.

A third young man, Nicholas Hill, reached a plea agreement under which he pleaded guilty to second-degree murder in exchange for testifying against the two other men. Hill, whose sentence was reduced from 20 years in prison to 14, is up for parole this summer.

Colorado State Trooper Steve Nowlin, who was a detective with the Montezuma County Sheriff’s Office at the time of the murder, was the final witness called by the prosecution, testifying about the chain of events surrounding Suther-land’s arrest and confession to the murder.

Nowlin testified that proper procedure was followed in administering the suspect’s Miranda rights and said Sutherland had not been coerced into making a confession — important points Cabot argued that assured the conviction in his 1996 trial.

The defense’s motion for a retrial on the grounds of insufficient defense counsel was based primarily on Tejada’s argument that Sutherland’s defense attorney at the trial, Curt Bobbitt, had performed well below minimal standards.

Tejada called witnesses who testified that Bobbitt failed to make motions on behalf of Sutherland, including a change of venue and suppression of certain evidence.

"We believe we’ve proven that beyond a reasonable doubt," Tejada told the court. "There’s a reasonable probability the outcome would have been different."

Tejada argued that a competent defense attorney could have raised doubt about Sutherland’s intentions and whether or not the shooting was premeditated.

"There’s a real argument of second-degree murder, man-slaughter or criminally negligent homicide," Tejada said.

Cabot maintained that evidence in the case was overwhelming and would have supported the verdict despite Bobbitt’s actions.

"There’s no need to put the county and the victims through another trial," Cabot said.

Hansen ordered that Sutherland be returned to custody of the Colorado Department of Corrections.