DENVER — On June 20, the state Supreme Court ruled people accused of first-degree murder must be eligible for bond – a decision that's bringing up lots of questions and concerns from crime victims and lawmakers.
"I am going to have to dig deep into this issue and get some legal minds around this issue," said Democratic State Sen. Rhonda Fields.
Fields said she plans to look at a possible bill next session to see if legislation can keep people accused of these heinous crimes behind bars while they wait for a trial.
Before last Tuesday, people accused of first-degree murder could be held with no-bond because the crime was punishable by death.
This ruling from justices came after lawmakers in 2020 repealed the death penalty. The state's highest court said because there is no longer a capital punishment first-degree murder, a capital offense, must be eligible for bond.
"I did not see that coming," she said. "That is also unsettling and very troublesome."
Fields knows how families must be feeling because her son was murdered in 2005. Two men were convicted in his death, and placed on death row.
It's why she voted "no" on getting rid of capital punishment.
"I don't believe my peers when they voted to repeal the death penalty if they meant that people who commit first-degree murder would be eligible for automatic bail," Fields said.
Cases are cycling through court to follow this new law.
- A $10 million cash-only bond for James Craig in Arapahoe County, a dentist accused of poisoning his wife Angela Craig.
- A $9 million cash bond for Christopher Martinez in Arapahoe County who is accused of killing three members of his family in December.
- A $2 million cash or surety bond for Juan Rivas-Luna in Arapahoe County. An arrest affidavit said he's a known gang member who shot and killed a man in a road rage incident.
- A $2 million cash-only bond each for three teens in Jefferson County who are accused of throwing a rock into a 20-year-old Alexa Bartell's car and killing her.
If this ruling came earlier, the suspect in the Club Q mass shooting would have been eligible for bond.
"It opens up the door and the options for all of these offenders to exercise their right," said Fields.
High bonds don't make this issue less serious for her. She believes certainty that they won't ever get out before trial is the only answer.
It does not appear changes to bond eligibility for first-degree murder will happen very soon.
A spokesperson for Democratic Governor Jared Polis said he supports changes in this area to prevent first-degree murder suspects from getting out on bail, and he called upon the state legislature to fix this "unintended consequence" even if that means a referred constitutional amendment.
Lawmakers go back to session in January 2024. Governor Polis could call for a special session, but Fields said she wouldn't be in favor of that.
"I would want to do the research and see what other states are doing regarding this matter and see if there is a legislative fix for it," she said.
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