ROARING FORK BROADCASTING COMPANY
The judge presiding over the felony burglary cases against four South American men said in court Monday that she will cast a wider net to find lawyers for two of the defendants after not finding local counsel to appoint.
The four defendants have been in Pitkin County Jail since Aspen police arrested them Nov. 12 on felony charges related to an overnight burglary of Avi & Co., a seller of ultra-high-end watches and jewelry. Authorities say they used blowtorches, saws, drills, hammers, crowbars and other tools to tunnel their way into the East Cooper Avenue retailer. They were not, however, able to penetrate the prime target — the store’s vault containing its most valuable inventory.
On Friday, Deputy District Attorney James Stone, who works in the Aspen office, filed charges against the four defendants.
The two suspects who allegedly played the largest role in the burglary — Tomas Bravo-Toro, 34, of Peru, and Augustin Ramirez-Vidal, 41, of Argentina — were charged with three felony counts of second-degree burglary and single felony counts of criminal attempt to commit theft, attempt to influence a public servant and criminal mischief.
Tomas Bravo-Toro
The two others — Luis Baeza-Soto, 44, and Paolo Zapata-Canete, 35, both of Chile — face three identical felony charges of conspiracy to commit second-degree burglary. Baeza-Soto also was charged with a fourth felony, attempt to influence a public servant.
Bravo-Toro has a public defender and Zapata-Canete has a court-appointed lawyer, Kathy Goudy of Carbondale.
The two others — Ramirez-Vidal and Baeza-Soto — did not have representation during their advisements of the charges by Pitkin County District Judge Laura Makar. The court previously determined they were all eligible for public defenders based on their financial pictures.
Ramirez-Vidal, who faces six felony charges, has been without a lawyer and in jail on a $100,000 cash-only bond since his arrest.
Makar said, “The court is working to appoint you alternative defense counsel. The court has appointed or attempted to appoint several attorneys, but they have not been able to take your case thus far. The court is continuing to work to appoint you an attorney.”
Ramirez-Vidal, who said he did not understand the charges against him, received some temporary aid from Aspen private defense lawyer Nick James, who said the defendant’s family had been in touch with him. James entered a brief appearance on behalf of Ramirez-Vidal.
“Your honor, I am concerned with these circumstances,” he said. “That's why I asked to make a limited entry of appearance. I believe this gentleman is being held arguably in violation of the United States and Colorado constitutions by being in custody for more than 30 days without counsel.”
Makar set a bond hearing Friday for Ramirez-Vidal and indicated that appointing him a lawyer is a priority.
“The court will continue to attempt to appoint you alternative defense counsel in this matter,” the judge said. “The fact that you haven’t been appointed alternative defense counsel does trouble the court and I appreciate the record made by Mr. James.”
Paolo Zapata-Canete
Through a translator, Ramirez-Vidal said an attorney could be representing him by this week.
“I can have a lawyer, a private lawyer that my family has got me. He can come as soon as tomorrow,” he said. “I am feeling very desperate in this situation, honestly.”
Likewise, Baeza-Soto, who is in jail on a $25,000 cash-only bond, did not have counsel. Makar addressed the matter with him and Stone.
“I do want to let the district attorney as well as Mr. Baeza-Soto know that the court is trying to appoint alternative defense counsel for Mr. Baeza-Soto,” the judge said, noting that court clerks are reaching out statewide to find an attorney.
She added, “I recognize that you are currently sitting in jail and so I do want to ensure that this happens as quickly as possible.”
Of the four defendants, Zapata-Canete is the only one who provided authorities with his correct identification, Stone noted. Goudy, Zapata-Canete’s lawyer, asked for and received a bond of $5,000 — down from the original amount of $25,000.
A part of the case file notes that Bravo-Toro, who is charged with six felonies, is a “possible national security threat — caution violent tendencies.” Makar declined to lower his bond of $100,000 to $60,000, at the public defender’s request, citing his lack of community ties.
Luis Baeza-Soto
All four suspects told authorities that they were visiting the U.S., according to court documents.
Events leading up to the suspects’ arrests began at 11:49 p.m. Nov. 10, when police were dispatched to the report of an alarm activated at Avi & Co., according to an arrest warrant affidavit. Police cleared the call and left the scene after not seeing a disturbance, the affidavit said.
When police returned less than two hours later at 1:27 a.m. Nov. 11 — in response to another alarm activation at the same location — they found a scene where burglars used tools to tunnel their way into the back of Avi & Co.
The burglars fled the scene, but police established a profile of the getaway vehicle they used, a rental Nissan Pathfinder. Police investigators also matched their images from a previous speeding stop that day on East Main Street to surveillance footage from an Avi & Co. neighbor.
Vail police detained the suspects at approximately 2:33 p.m. Nov. 11 after a traffic stop, when the vehicle they were riding in matched the description of a Nissan Pathfinder in a be-on-the-lookout notice, or BOLO, which Aspen police released earlier in the day.
All four defendants are scheduled to reappear in court Jan. 6.