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Baxstrom renews bid to qualify for defender in attempted murder

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Thursday, Dec. 3, 2015 9:07 PM

Denied a court-appointed attorney in November, a Cortez man charged with attempted murder in the shooting of his wife has filed a fourth application requesting a public defender.

This week, Garrett “Ty” Baxstrom, 38, was scheduled to appear in court with a private attorney as instructed by Montezuma County Court Judge JenniLynn Lawrence on Nov. 18. Instead, he appeared in court on Wednesday, Dec. 2, without an attorney after submitting another application for a public defender the previous day.

“I haven’t had time to review the application,” Lawrence said, delaying the appearance of counsel hearing for a week.

Last month, Lawrence announced that Baxstrom didn’t qualify for a court-appointed attorney, citing the defendant’s income exceeded indigent qualifications necessary to receive a court-appointed attorney. Assistant District Attorney Sean Murray indicated to the court at this week’s brief hearing that prosecutors would file a response to Baxstrom’s latest public defender request.

“I wish you would,” Lawrence replied.

State law bars media inspection of personal financial records submitted with a public defender application.

Via a quit claim deed, Montezuma County land records reveal that Baxstrom transferred ownership of property where the alleged shooting took place to a Howard Baxstrom on Nov. 18. Records reveal the property in question was valued at nearly $60,000 in 2011.

Baxstrom is charged with attempted murder as a crime of violence, six counts of assault with a deadly weapon, a misdemeanor count of assault and two counts of child abuse stemming from a domestic violence in connection to the case.

According to authorities, Baxstrom reportedly fired three shots at his common law wife after beating her nearly unconscious on Aug. 15. The shooting occurred at the couple’s residence on the 8000 block of U.S. 160 just after 11 p.m. on the night in question.

Authorities found the alleged victim, a 37-year-old woman, covered in blood and dirt. She reportedly suffered gun shot injuries to her right arm and right thigh and had multiple lacerations to her face, head, arms and back.

After the alleged attack, authorities noted the woman hid in a ditch for approximately two hours before walking to a neighbor’s home to call 911.

Baxstrom remains out of custody after posting a $250,000 bond on Aug. 27.

tbaker@the-journal.com

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