Granby manslaughter suspect released on reduced bond, Facebook order quashed
June 17, 2010
Kristen Schoen, 25, the Granby woman accused of manslaughter in an incident that resulted in the death of her boyfriend, 25-year-old Michael Thomas, on April 18, was released on Friday from Grand County jail on a reduced $10,000 bond.
Despite arguments by 14th Judicial District Attorney Elizabeth Oldham last week, Judge Ben McClelland of Grand County Court reduced Schoen’s $100,000 bond set by District Court Judge Mary Hoak on April 19.
For another pending case of contributing to the delinquency of a minor – a case Schoen shared with Thomas prior to his death – McClelland reduced Schoen’s bail from $2,000 to $500.
Schoen was in custody for 53 days before her release.
Schoen’s attorney, Public Defender Matthew Troxell, argued that Schoen’s 5-year-old daughter was living with the defendant’s parents and should see her mother, and that Schoen was “in need of some counseling,” which he reasoned would be readily available in Larimer County, where Schoen would be staying with her parents until required appearances in court for charges she faces from both the manslaughter case in the death of Thomas and the case of contributing to the delinquency of a minor.
“There are benefits to Miss Schoen being released other than just getting her out of custody,” Troxell said.
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Oldham countered, saying Schoen “was already on bond from contributing to the delinquency of a minor when she committed this new offense.”
And, “this young child, her daughter, was in the home when this happened. The defendant was highly intoxicated when she pulled the trigger and killed her boyfriend,” Oldham said.
“There are many statements from Miss Schoen, some that implicate her in a crime, some that exonerate her,” Troxell said when first stating his position that Schoen should be released.
Troxell stated there are “four hours” of audio tapes in which Schoen “indicates she may have pulled the trigger,” yet at other times indicates “(Thomas) committed suicide.”
“And I believe based on the charges,” Troxell continued, “it is unclear to all parties what exactly transpired. I do not think this is a case where the prosecution can say they are confident in a conviction.”
Troxell argued that another reason for her release should be the manner in which the DA’s two witnesses had been subpoenaed, saying the court granted a continuance of the preliminary hearing beyond the statutory 30-day period despite individuals “not being properly served.”
Although McClelland cited case law in which continuances have been made for reasons of witnesses being out of town, then cited how the “the safety of the community” is a factor in holding an individual in custody, he ultimately reduced the bond attached to both of Schoen’s offenses.
As part of the condition of her release, Schoen will be subject to random urinalysis and is prohibited from possessing or consuming alcohol.
The preliminary hearing for the manslaughter charge has been set for noon on July 8.
– Tonya Bina can be reached at 970-887-3334 ext. 19603 or e-mail email@example.com.