Garfield County District Court judge denies bond reduction in kidnapping case
A Garfield District Court judge on Thursday denied a motion to reduce bond for a man accused of forcing his way into a Silt foster home at gunpoint.
After highlighting multiple felonies — including menacing, kidnapping, burglary and false imprisonment — charged against suspect Janvier Pinkard, 35, judge Denise Lynch said the original $100,000 bond is “appropriate.”
“The allegations (in this case) are very serious and are of significant concern to the court,” Lynch said over an online communications meeting. “This was a residential burglary — not a business burglary. (Pinkard) was on probation at the time, there was an allegation that there was use of a deadly weapon in an attempt at kidnapping, which are very serious charges and have potentially mandatory minimum sentencing.”
On Dec. 20, 2020, Pinkard was arrested after allegedly breaking into the Silt residence. According to arrest records, Pinkard was searching for a safe inside the house at the time in which he alleged stored child pornography.
It was during this time Pinkard pointed the firearm in a woman’s face, demanding to see the safe, arrest records state. The woman, who has a restraining order against, would tell Pinkard that there’s no safe in the residence.
There is no further mention of a safe or child pornography in the affidavit. The subject has so far yet to be brought up during Pinkard’s court appearances.
Pinkard also swept the house, checking various rooms while still holding the firearm, arrest records states. At one point, Pinkard was accused of sweeping the barrel of his firearm in the way of a small child.
Meanwhile, after Pinkard demanded the woman’s husband come downstairs, he fled through the front door.
Pinkard was arrested a day later on an arrest warrant and placed on a $100,000 cash surety bond. Beyond the felonies, Pinkard was also charged with misdemeanor counts of violation of protection order, child abuse, harasssment, felon in possession with a weapon and intimidating a victim.
Pinkard, however, would go on to receive additional charges after being booked into the Garfield County Detention Facility. According to arrest records, Pinkard was caught during a strip search trying to destroy baggies of methamphetamine and methylenedioxymethamphetamine (MDMA) by personal ingestion and flushing them down the toilet.
In total, the substances weighed 33 grams.
Afterwhich, Pinkard was charged with felony tampering of physical evidence, introducing contraband in the first degree as well as misdemeanor unlawful possession of a controlled substance. The charges prompted an additional $7,500 cash surety bond.
Public defender Elise Myer on Thursday argued to Lynch that Pinkard’s $100,000 bond be reduced to between $5,000 to $10,000 because she has yet to receive a case discovery. A discovery allows for involved parties to know what evidence is to be presented and to take dispositions prior to further court procedures.
“I am a bit hamstrung there relative to that because all I can see is the basic police report,” Myer said of not having the discovery. “I don’t have other information, and I am sure there is a significant amount of information in this case.”
Myer then requested that Pinkard’s additional $7,500 bond be reduced to between $1,000 to $2,000.
Myer argued that Pinkard’s $100,000 bond be reduced because his felony history is old, dating back 15 to 20 years, saying, “He has had certainly some run-ins but this is certainly of a different variety.” Meanwhile, Myer said Pinkard does have accommodations in place, if he were to make bond.
Upon a possible release, Pinkard would live in Basalt, said Myer.
“(Pinkard) does have a family that is supportive of him, that he’s in contact with,” she said. “He has the ability to work. He had a few different jobs before his incarceration… he can get back to support himself.”
“Given that he does have stability in the community, I don’t believe he’s going to be a flight risk for this case,” she later added.
Myer said Pinkard does have a pending juvenile case involving his daughter, who was under the supervision of the foster home in Silt at the time of his arrest. She said she plans to file further motions regarding the juvenile case as it is relevant to Pinkard’s most recent arrest.
Deputy District Attorney Ben Sollars argued, however, that Pinkard is a multi-state offender — he has a criminal history linked to California, Florida, Kansas, Illinois as well as Colorado. In fact, his past record shows felony weapon charges in Florida, Sollars noted.
So Sollars objected to the proposed bond reduction, arguing that if Pinkard makes bond and is released, he could potentially intimidate witnesses.
“The charges are very serious. The allegations are very serious, and the way that I view this case is also very serious,” Sollars said.
Paul Kapturkiewicz, who operates and lives in the Silt foster home, said Lynch should maintain the $100,000 bond because Pinkard has established that he is in fact dangerous.
“Monday Dec. 20, my family’s been living in fear of this individual. The thought of him getting out — and what he would do if he did — is very concerning to myself, my family and the community as well,” Kapturkiewicz.
“His potential to return to our home is substantial, and that there would be in several people that would be in fear of their own safety and their own lives,” he later added.
Pinkard’s next court appearance is scheduled for 10:30 a.m. Feb. 18.
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