Cortez Journal

Armed-robbery suspects may be tried as adults

March 31, 2001

By Aspen C. Emmett
Journal Staff Writer

Four youths suspected of taking part in a March 19 armed robbery of the Comfort Inn will likely be facing more than just a "juvenile slap on the wrist" for their alleged participation in the crime if they are convicted.

According to District Attorney Joe Olt, his office filed a motion Friday to recharge the juveniles as adults.

"Now that we’ve seen the facts, we are now realizing that the severity of their crime is such that they should be tried as adults," Olt said. "They acted as adults. They are adults."

It is now up to county court Judge Christopher Leroi to rule on the motion, Olt said.

According to police reports, two males entered the Comfort Inn around 1:30 a.m. and were inquiring about a room when a male wearing a black cape and a "Scream" mask came in, pulled out a short shotgun, and demanded money from the female clerk.

The masked individual then allegedly picked up a plastic brochure-holder and hurled it at her, striking her in the left arm.

When the clerk turned to get the money, a fourth male armed with a handgun entered and demanded the woman’s identification card.

The woman stated she did not have her ID and the four men reportedly left with the money in a vehicle with two other people.

A group of people fitting the same description given by the Comfort Inn clerk had reportedly been at the Days Inn shortly before the incident and had filled out a room registration card — providing a name, address, vehicle description and license-plate number for a plate out of New Mexico.

The six suspects were apprehended later that day in Aztec.

The four juveniles — three 16-year-old boys and a 17-year-old girl — were advised in Montezuma County Court Monday with bonds set at $50,000 each.

All four juveniles have been charged with Class 5 felony aggravated robbery, Class 3 felony conspiracy to commit aggravated robbery, Class 5 felony menacing and Class 2 misdemeanor theft for less than $500.

Additionally, two of the boys are charged with possession of a deadly weapon, a Class 5 felony, and third-degree assault on the female clerk.

"They’ll be the same charges," Olt said. "They’ll just be (charged) as adults, meaning that they don’t get the juvenile punishment. They would have gotten off scot-free."

Olt said the maximum fine for a juvenile is $300 for each crime and a maximum of two years in a juvenile correction facility.

"That’s not even jail time, it’s just detention time," Olt said.

Suspects Zachary Sullivan, 21, and Albert Gutierrez, 19, are charged with numerous Class 4 felonies stemming from a search warrant in New Mexico.

They are expected to be transported to Cortez as soon as possible, said 11th New Mexico Judicial District assistant prosecutor Joe Gribble.

Both waived extradition and their rights to a pre-trial hearing Thursday morning in San Juan County Magistrate Court.

Sullivan, has been charged in New Mexico with eight Class 4 felonies — conspiracy to receive stolen property, possession of stolen property, conspiracy to tamper with evidence, tampering with evidence and four counts of contributing to the delinquency of a minor. He is also charged with a petty misdemeanor for possession of marijuana.

Gutierrez’s New Mexico charges include six Class 4 felonies — four counts of contributing to the delinquency of a minor, possession of stolen property, and conspiracy to receive stolen property — as well as a petty misdemeanor for possession of alcohol by a minor.

Gribble said the charges still stand in New Mexico and no plea agreements had been entered.

"They were released on recognizance so Cortez could get them," Gribble said.

Olt said formal charges will be brought against Sullivan and Gutierrez as soon as they arrive in Colorado.

"We have not charged them yet but they will be charged with the same basic charges as everybody else," he said.

Penalties for Class 3 felonies are punishable by as much as 32 years in jail with $750,000 in fines, and Class 5 felonies carry a penalty of up to three years in jail and $100,000 in fines in the state of Colorado.

Copyright © 2001 the Cortez Journal. All rights reserved.
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