District Court Judge Reed Owens found probable cause on four counts against a Blue River man at a preliminary hearing Oct. 21. The counts include murder in the first degree with extreme indifference, illegal discharge of a firearm, assault in the first degree with a deadly weapon and felony menacing.

The charges come from two cases against Daniel J. DeVito, 46. The murder and illegal discharge charges are related to a homicide on July 7, and the assault and menacing charges are related to an alleged assault on July 3-4. Both incidents occurred in DeVito’s home, according to probable cause affidavits.

With the Oct. 21 ruling, both cases will move forward to an arraignment hearing, where a defendant enters a plea such as guilty or not guilty, that is scheduled for Jan. 20.

Brittany Daly, a Colorado Bureau of Investigation special agent, testified Oct. 21, during the second day of a preliminary hearing, which is where a court reviews evidence to determine if probable cause exists for the case to proceed toward a trial. Deputy district attorney Jeanine Svoboda presented the final argument for the prosecution that the court should find probable cause on the four counts.

In arguing probable cause had been established on each count, Svoboda referenced testimony from Daly as well as Blue River Police Chief David Close, Blue River Police Department officer Jennifer Kruse and former Summit County Sheriff’s Office deputy Alexander Scarlett, the latter of whom all testified Oct. 20.

Svoboda argued DeVito intended to and caused serious bodily injury to a woman between July 3-4 based on testimony from Scarlett, Kruse and Close that the woman stated DeVito zip-tied her to a swing in his kitchen and cut her with a knife; that the woman’s description of the knife matched a switchblade knife found in DeVito’s pocket at the time of his detainment July 7; and that injuries to the woman’s wrists and chest were consistent with her accusations against DeVito.

The argument for the menacing charge centered around the woman, according to Scarlett and Close’s testimony, telling law enforcement she feared for her life during the July 3-4 incident.

To support the murder and illegal discharge of a firearm charges, Svoboda cited Daly’s testimony that shell casings, bullet fragments and defects on surfaces believed to be the result of gunfire on the second and third levels of DeVito’s home. Daly also testified that firing as many as 18 rounds — the number Close testified DeVito claimed to have fired — in a house that size would pose “grave risk” to anyone inside.

Daly testified that the doorframe to the master bedroom in DeVito’s home had been broken July 7 earlier in the day than law enforcement originally thought. A probable cause affidavit written by Daly stated that law enforcement believed Jordan E. LaBarre, 32, of Breckenridge, who was found dead inside the master bedroom’s bathroom in the early morning of July 8, had locked herself in the master bedroom to get away from DeVito, but he forced open the bedroom door and shot her.

Daly testified Oct. 21 that another woman, who Close testified was a possible romantic partner or friend of DeVito, said she was in his home from July 6 to midday July 7. The woman told law enforcement DeVito had been acting “erratic” and she was scared, so she locked herself in the master bedroom, according to Daly’s testimony. It was then that the door was forced open, Daly testified.

According to Daly’s testimony, she spoke with DeVito’s ex-wife, who said she had talked to the Blue River Police Department about getting a restraining order against DeVito after police issued a lockdown order the evening of July 7 and after she witnessed odd behavior from her ex-husband. 

Daly testified that DeVito’s ex-wife said the odd behavior included not allowing their children to enter his house the morning of July 7, acting “erratic” and claiming that the Mexican cartel was looking for him.

LaBarre’s mother, Joann Shugrue, filed a lawsuit that makes two claims against DeVito for wrongful death and two claims against DeVito and his ex-wife for “fraudulent and voidable transfer of assets” and “civil conspiracy to engage in fraudulent transfers.” It alleges the pair transferred properties from DeVito to his ex-wife and attempted to sell off assets before a court could seize them.

While searching DeVito’s house after his July 7 detainment, Daly testified she saw ammunition cans and boxes in the garage on the bottom level of the home. Daly testified that some of the shell casings and bullet fragments throughout the house matched the caliber and manufacturer of the ammunition found in the garage.

DeVito appeared in person Oct. 20-21 and remains in custody after the court set his bond at $2.5 million July 10. His next court appearance — the arraignment hearing — is set for Jan. 20 at 10:30 a.m. in Judge Owens’ courtroom.

This story is from Summit Daily News.