Trial set to begin May 6

ALAMOSA — Daniel Brandt Jr., the juvenile being tried as an adult for his alleged role in the shooting of Alamosa Police Officer Molly Heene and Alamosa resident, Ricardo Rangel on Oct. 27, 2022, appeared in court on Friday as part of the first proceedings leading up to a trial.

Brandt has been charged with two separate counts of attempt to commit first-degree murder and three counts of first-degree assault. If convicted, the 16-year-old faces anywhere from 32 to 96 years in prison at the Department of Corrections (DOC), depending upon how the judge orders the sentences to be served. 

Last August, a transfer hearing was held to see if Brandt should be tried as an adult. Although he was fifteen years old at the time of the alleged incident, District Attorney Anne Kelly argued the nature of the crime called for the case to be moved to district court where he would be tried as an adult.

Brandt’s attorneys argued that, if convicted, it was more appropriate for him to be serve time in Youth Corrections where there was a greater chance of receiving treatment, education and counseling that would lead to him ultimately being a more productive citizen.

At the end of the emotionally charged five-day transfer hearing, District Judge Crista Newmyer-Olsen, presiding, ultimately agreed with the prosecution and transferred Brandt’s case from juvenile court to district.

Kelly is heading up the prosecution of the case. Brandt is being represented by Cobea Becker and Maralina Schoenfelder, the two attorneys who argued on his behalf in the transfer hearing.

Friday’s proceedings were relatively straightforward, with Kelly informing the court that the DA’s office has not received expert reports from two of the defendant’s three witnesses. Defense counsel promised to deliver the information to the district attorney that same day.

There was also discussion around the jury questionnaire, which is something both parties agree on and gets sent out with juror summons. The jury questionnaire asks potential jurors to answer questions and submit them to the court before the jury selection process begins in hopes of speeding up the process.

Defense counsel also brought up the issue of the “defendant’s theory of the case instruction”, which is an instruction that the defense drafts to be included with all the legal instructions sent back with the jury once they go into deliberation.

Defense counsel is permitted to provide a statement explaining their defense.  That document is typically submitted by the defense on the last day of trial.

A status hearing is set for March 29 followed by a May 2 pre-trial hearing at 11am, where any additional pre-trial issues will be heard.

Trial in Daniel Brandt’s is set to begin on May 6, when a jury will presumably be selected. The trial of the case is slated to begin on May 7, and is currently anticipated to last until May 15.