An 8th Judicial District Court judge denied prosecutors’ request to increase bond for Lucy Nelson, who faces several charges in connection to vandalism incidents at the Loveland Tesla dealership.
Nelson, 42, appeared before Judge Stephen Jouard on Tuesday morning at the Larimer County Justice Center in Fort Collins where Chief District Attorney Brian Hardouin and Public Defender Dan Jasinski made arguments regarding the prosecution’s request to increase bond to $250,000 cash or surety and add GPS monitoring as a requirement.
Hardouin argued that the “dangerousness” of what Nelson is accused of was not fully detailed in her original arrest affidavit when Magistrate Jill Sage set Nelson’s bond at $100,000 cash or surety, which Nelson has since posted. He said she is accused of not just throwing Molotov cocktails at vehicles that contain lithium ion batteries, but at a location near homes.
“This is not a situation where (she was) striking a business that is in some remote, industrial, commercial park,” he said. “This facility the defendant was attacking is largely sitting within a residential neighborhood in the middle of the night. If this fire had spread, it would have struck a number of single-family residences unaware.”
Hardouin asked the judge, if he did not increase the bond, to order Nelson to undergo GPS monitoring while out on bond.
Jasinski said that he believes if the roles were reversed and he was requesting a change in bond, it would be denied on the grounds that there has been no change in circumstances since bond was set.
“The allegations are the same, they are all contained in the affidavit, they were all properly (given) to the magistrate back in February,” he said.
He went on to say that Nelson has no criminal record and has made sure to come to court for every hearing. He also said she is fully aware of the scrutiny she is under because she is not only out on bond locally but also for federal charges.
Jasinski argued that he feels Nelson already has ample oversight and requested bond stay the same.
Jouard agreed to aspects of both sides in his decision, denying the motion to increase bond but mandating that Nelson be put on GPS monitoring while she is out on bond.
He scheduled her to return for court at 11:30 a.m. May 9.
Nelson is accused of vandalizing the Loveland dealership on several occasions from late January through late February before her arrest on Feb. 24. During these incidents Nelson is accused of spray-painting several vehicles and cars and throwing Molotov cocktails in the parking lot.
The Lyons area resident has been charged both locally and federally for the incidents.
In the 8th Judicial District, Nelson faces two counts of use of an explosive/incendiary device in a felony, a class 2 felony; three counts possession of an explosive or incendiary device, a class 5 felony; three counts of attempted second degree arson with a value of $100,000 to $1 million, a class 4 felony; criminal mischief amounting to $2,000 to $5,000, a class 6 felony; and manufacturing an explosive or incendiary device, a class 4 felony. She has not entered a plea in these charges.
Federally, she is charged with two counts of possession of an unregistered destruction device and malicious attempted destruction of property, all class 4 federal felonies. She has pleaded not guilty to these charges and is scheduled to stand trial May 5-7 at the United States District Court of Colorado in Denver.
Nelson is not the only person to be charged in connection to vandalism at the Tesla dealership. Cooper Frederick, a 24-year-old Fort Collins man, was arrested March 13 for his believed connection to another vandalism at the Tesla dealership on March 7. Frederick is accused of using what appeared to be a container with gas inside to start a fire between two vehicles between buildings at the dealership while a cleaning crew was inside; the fire was extinguished and officers later identified and arrested Frederick.
He has been charged in district court in Fort Collins with use of an explosive or incendiary device during a felony, a class 2 felony; manufacturing an explosive or incendiary device, a class 4 felony; criminal mischief amounting to $5,000 to $20,000, a class 5 felony; and two counts of possession of an explosive or incendiary device, a class 5 felony.
He was issued a $20,000 cash or surety bond on March 14 which he has since posted. He is scheduled to appear for a status conference before Judge Sarah Cure at 2:30 p.m. on May 27.
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