Eagle County judge issues gag order in teen murder case, preventing further reporting
Vail Daily attorney files motion to see the order overturned
Chris Dillmann/Vail Daily
Judge Rachel J. Olguin-Fresquez, on Tuesday, issued a gag order preventing the media from reporting on the reverse-transfer and preliminary hearings for 17-year-old Nefi Ezequiel Armijo Hernandez, who is accused of first-degree murder following the death of 14-year-old Jackson Davis in April of 2024.
The Vail Daily has filed a motion with the court asking Olguin-Fresquez to lift the gag order, arguing that the judge’s order constitutes an unconstitutional prior restraint.
Steve Zansberg, a prominent media lawyer who filed the motion on behalf of the Vail Daily, argued that once information is disclosed in open court, it becomes part of the public record and cannot be constitutionally suppressed.
“The Court’s order restricts publication by the Vail Daily of information that was publicly disclosed in open court proceedings,” Zansberg’s motion states.
In May of 2024, Olguin-Fresquez granted motions made by the district attorney’s office to move Armijo Hernandez’s case out of juvenile court and into district court. Armijo Hernandez’s defense team countered by seeking to have him returned to juvenile court, and this week’s reverse-transfer hearing will determine whether he is eligible for return to juvenile court or will face charges as an adult.
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The early portion of Monday’s hearing was broadcast on the court’s streaming service, but Olguin-Fresquez, later in the day, ordered the livestream to be taken down after the defense moved to restrict the public’s access to the case.
In deciding to halt the livestream, Olguin-Fresquez said the defense illustrated why “livestreaming may create an issue where a fair and impartial jury pool could be impacted by livestreaming.”
The defense, at that time, also moved to impose a gag order prohibiting future media coverage, expressing concern that coverage would “taint the sentiment against Mr. Hernandez and his ability to get a fair trial.” The defense said the case going to trial is “a very likely possibility.”
The defense referenced the Vail Daily’s coverage of the case, saying stories that shared pictures of Davis and his mother were “highly inflammatory” and “are basically calls or ploys for sympathy for Jackson.”
Olguin-Fresquez acknowledged that there is significant public interest in the case, and stopped short of issuing a gag order on Monday. But in beginning the second day of hearings on Tuesday, Olguin-Fresquez said the Vail Daily’s coverage from Monday had helped to convince her a gag order was necessary.
“Looking at today’s paper, the court is concerned that the ability to obtain a conviction or the ability to obtain a not-guilty verdict is being compromised by evidence reported in the newspaper,” Olguin-Fresquez said.
Olguin-Fresquez also alleged that the Vail Daily printed “things that didn’t happen in trial,” a claim which the paper denies. The Vail Daily reached out to an administrative staff member for Olguin-Fresquez on Tuesday to seek the specific information to which she was referring.
