Judge denies bond request
A motion to reduce the bond on alleged murderer Bradley Fairbourn was denied Tuesday afternoon.
Fairbourn, originally of Utah, is accused of an attack that lead to the death of one woman and injuries to another at a hotel in Rock Springs June 23.
Appearing with his attorney, Devon Petersen, and with his parents in the audience, Judge Richard Lavery denied the request, citing his lack of local ties to the community and his determination that Fairbourn is a danger to the community.
Petersen moved to have his bond reduced from $1 million cash or surety to $100,000 cash or $250,000 surety, claiming the charges against Fairbourn are nothing more than allegations and that his continued incarceration has both changed him and left him at the mercy of “seasoned inmates” at the Sweetwater County Detention Center.
Sweetwater County Attorney Daniel Erramouspe said Fairbourn was the cause of two incidents at the detention center, including allegedly striking another inmate in the back of the head. Erramouspe also cited threats attributed to Fairbourn on Facebook as a reason why the bond should not be lowered. Erramouspe also mentioned one of the letters of support for Fairbourn delivered to the court, saying Fairbourn’s bishop probably did not know he was using Backpage.com to arrange an encounter with the two women he allegedly attacked. Erramouspe said the evidence involved in the case, which Petersen argued didn’t incriminate Fairbourn, does strongly suggest that Fairbourn was the culprit. He said testimony from the survivor as well as Fairbourn having the murder victim’s phone in his possession at the time of his arrest, strongly suggests his involvement.
Petersen also mentioned that discovery isn’t complete leading into the January trial. Evidence regarding the case remains at the state crime lab in Cheyenne, and according to Sweetwater County Attorney Daniel Erramouspe, the lab is backed up with other cases, but has indicated the analysis on case evidence will be complete by Nov. 30. Petersen said it could take several months to develop an adequate defense and line up experts depending on what the crime lab’s analysis reveals and doesn’t believe he can have a case ready by January.
“My gut feeling is I don’t know how we can have a trial in this case until late next year,” Petersen said.
While Lavery agreed with Petersen’s situation regarding the amount of time needed to construct a defense for Fairbourn, he said he is required to look at the nature of the crime before deciding if it’s appropriate to reduce the bond.
Because of the violence and severity of the crime, Lavery said he could not reduce the bond because he believes Fairbourn would be a flight risk if given the opportunity.
Lavery said he would like to see the case tried in January, but understands if that won’t happen.
“My expectation is to move this along as quick as possible,” Lavery said.