AURORA, Colo. — On Wednesday in Arapahoe County, a dentist accused of poisoning and killing his wife will be given a chance to get out of jail.
A judge will decide on a bond amount for James Craig because of a ruling from the Colorado Supreme Court. The decision on June 20 told judges to grant bond for every person accused of first-degree murder.
The couple who helped turn Craig in to police don't want to talk about the case, and potentially hurt a prosecution. But Ryan and Michelle Redfearn felt the ruling was too important to stay silent.
"My wife, when she says a little bit of fear, that is an understatement," Ryan Redfearn told 9NEWS. "She is very fearful. We have had so many conversations, emotionally charged conversations, about this whole thing."
Before this ruling, people accused of first-degree murder could be given a no-bond hold because it was a capital offense. Because state lawmakers in 2020 repealed the death penalty, a capital punishment, the state Supreme Court ruled the crime is now bail eligible.
"What used to give you some solace as a witness or the family of a victim is that this person wasn't going to be able to walk the streets," Michelle Redfearn said. "If you can kill your wife, what keeps you from breaking any other law out there?"
Couple has been friends with the Craigs for more than two decades
According to arrest documents, Ryan Redfearn told a nurse at University Hospital that Angela Craig was possibly a victim of poisoning.
"Ryan explained to the nurse that James recently ordered Potassium Cyanide for their dental practice, adding that there was no medical reason or purpose to order Potassium Cyanide for a dental practice," court documents said.
The homicide unit of the Aurora Police Department then took over the investigation.
"It's been a rollercoaster of emotions," Michelle Redfearn said. "There's a lot to deal with as you go through that. It was coming to terms with deception and thinking that you knew somebody but you didn't."
The Redfearns said they have been friends with the Craigs for more than 20 years. Ryan Redfearn and James Craig went to dental school together in Kansas City. Michelle Redfearn and Angela Craig spent a lot of time together while their husbands were in school.
"I think it is always surprising when something like this happens. I don’t think anyone suspects any of their close friends or business associates being involved in something to this level," Ryan Redfearn said.
When the couples moved to Colorado, the Redfearns said, they saw the Craigs every now and then. A few years ago, Ryan Redfearn said he and his brother went to James Craig about joining their business, a dental support organization. They became business partners.
"[Angela] was smart. Highly involved in her kids' lives. She was a great mom, and she had a wicked sense of humor," Michelle Redfearn said.
A GoFundMe has been set up for Angela's six children.
James Craig has bond hearing Wednesday
Even if the judge sets a high number, the Redfearns said it doesn't matter. They see it as an opportunity.
"The people who are in Colorado who are tied to this case, us and others, definitely are unsettled," Ryan Redfearn said.
They want to bring awareness to the state Supreme Court ruling and how it could impact other high-profile cases.
"Knowing that anyone that has committed murder at this point can be offered a bond, can have the opportunity to meet that bond and be out on the street, that is something the people of Colorado need to know," Michelle Redfearn said.
The 18th Judicial District Attorney's Office is prosecuting the case against James Craig. DA John Kellner said their office has more than 50 cases where defendants charged with first-degree murder have the potential to be released on bail.
"I don't think it will be a majority, but I do believe that defendants in first-degree murder cases will post bond and will be walking out in our community," Kellner said. "We have to ensure the safety of witnesses, safety of our community as well."
Kellner said judges have been setting fairly high bonds for people accused of first-degree murder, and most of those bonds would require the defendant to pay the amount in full rather than allow the person to go to a bondsman and pay a small percentage to get out of jail.
He believes on average, bonds would be set at $1 million or higher.
On Monday, a judge in the 18th Judicial District set a $9 million bond for Christopher Martinez, a 21-year-old man accused of killing three members of his family in December.
A judge in that case said there are significant community safety concerns based on journal messages and statements about what he would do if he got out of jail.
In the 1st Judicial District, which includes Jefferson County, courts have been setting expedited bond hearings in all pending murder cases.
The day after the state Supreme Court made its ruling, a judge set a cash-only $2 million bond for each suspect accused in the rock-throwing death of Alexa Bartell.
A spokesperson for the 1st Judicial District said the amounts for bond in first-degree murder cases ranged from $750,000 to $5 million as of Monday.
Over in Denver, District Attorney Beth McCann said this ruling is not having a major impact on her cases. She said judges are granting high bonds, and her prosecutors are asking for surrender of the defendant's passport.
McCann isn't very concerned about suspects bailing out of jail.
"Our judges so far have been setting high bonds, the ones that we have had cases go in front of, so I don't see that they are going to be letting these people out," McCann said.
Under this state Supreme Court ruling, the suspect accused of killing 10 people at a Boulder King Soopers in 2021 would be eligible for bond.
Yet according to Boulder County District Attorney Michael Dougherty, there are other offenses short of murder, such as sexual assault, for which a no-bond hold is still possible.
"It seems incongruent and highlights the need for lawmakers to address the issue," Dougherty said. "I think the state needs a constitutional amendment or the legislature needs to take action."
Calling on state lawmakers, governor to act now
Justice Carlos A. Samour Jr. wrote an additional comment in the ruling to flag state lawmakers. He suggested they review any statutes that reference "capital offenses".
He said the court's decision may impact several areas of Colorado law because the term appears in multiple statutes.
Michelle and Ryan Redfearn want to see the state act now to prevent any possibility of first-degree murder suspects bailing out of jail.
"In our opinion, that is an emergency session called by the governor," Ryan Redfearn said.
A spokesperson for Gov. Jared Polis said the governor supports changes to prevent first-degree murder suspects from getting out on bail.
"Now that the court has ruled, he calls upon the state legislature to fix this unintended consequence of eliminating the death penalty even if it takes a referred constitutional amendment," spokesperson Conor Cahill said.
Because the state Supreme Court's decision refers to language in the Colorado Constitution, the changes the Redfearns are looking for may require a vote by the people.
"When we reached to our representatives and legislatures it was, well, we are working on stuff for January 2024," Michelle Redfearn said. "But the time is now, and I don’t think people realize what is going on."
9NEWS asked Polis' office if he had any interest in calling a special session. A spokesperson referred us back to a statement that said Polis is calling on the legislature to address this issue.
If you have any information about this ruling or case, feel free to email reporter Kelly Reinke at kelly.reinke@9news.com.
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