Man accused of shooting state police officer waives right to detention hearing
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ALBUQUERQUE, N.M. – One of the suspects who shot and injured a state police officer in the East Mountains in early February was back in court Monday to see if he will remain behind bars before his trial.
Normally in a detention hearing, the defense makes their case for why their client should be released. Prosecutors argue against it, and the judge makes the final decision. But Caleb Elledge’s own defense attorney told the court Monday he was a danger to the public.
A hearing that was scheduled for one hour only took two minutes when Elledge waived his right for a detention hearing, meaning he will stay behind bars until his trial.
“Your honor, at this time Mr. Elledge is going to waive his right to a hearing in the matter and stipulate to the detention hold,” his lawyer said.
In the past, when Elledge has been arrested, the prosecution has asked for him to be held in jail — and every time he was released. In fact, last April, he was released on an ankle monitor after violating his probation. Court records show he promptly cut it off and has been on the run for the last 10 months.
Back to Monday’s hearing, the prosecution never got to make their argument and the judge agreed with the defense to hold Elledge.
“I will accept the waiver and I will accept the stipulation to the factors in 5409 that the defendant is dangerous and the court cannot fashion any conditions or combination of conditions that would adequately protect the public at this time,” the Judge said ending the hearing.
The other suspect involved in the shooting, Alanna Martinez, will also remain behind bars until trial.
As for the injured officer, he is recovering at home.