Delays in case of stabbing suspect who faces first-degree murder charge
Preliminary hearing, reverse transfer hearing set for Feb. 25-28
District Court Judge Rachel J. Olguin-Fresquez granted a motion Wednesday to delay court hearings for stabbing suspect Nefi Ezequiel Armijo Hernandez until late February.
Armijo Hernandez, 16, is currently facing a first-degree murder charge, along with a host of other offenses, following an altercation in Gypsum on April 24 that resulted in the death of Jackson Davis, 14, a freshman at Eagle Valley High School at the time. Armijo Hernandez is currently being housed at the Rocky Mountain Youth Services Center in Denver; he appeared remotely via Webex on Wednesday.
Armijo Hernandez is being tried as an adult and is seeking to be tried in juvenile court. That would require the court to grant a reverse transfer, a procedure that would take into consideration the opinion of a forensic evaluator who would analyze factors like potential risk to the community and the maturity and character of Armijo Hernandez.
Representing Armijo Hernandez, attorney Angela Campbell told the judge on Wednesday that the evaluator the defense is seeking will not be available to render an opinion until after the close of the fall semester in late December. Armijo Hernandez is a native Spanish speaker and requires the use of a translator in the court proceedings.
“We’ve consulted with numerous evaluators, and due to the language issues and the type of evaluator we would need to hire, unfortunately, there are just a limited number of people who are willing to work for state rates,” Campbell said.
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Once the evaluation is complete, the prosecution will then require a month or so to review it, making February the earliest time for the reverse transfer hearing to take place.
Judge Olguin-Fresquez granted the defense’s motion to continue the reverse transfer hearing, setting a four-day hearing for Feb. 25-28.
Armijo Hernandez’s preliminary hearing on his charges — which include a first-degree murder charge, a second-degree murder charge, two charges of a violent crime involving death, and a charge of conspiracy to commit assault with a deadly weapon — will also occur at that time.
Olguin-Fresquez also set a status conference for Jan. 22 to ensure the prosecution and defense would be ready for the Feb. 25 hearing.
