Judge rules suspect in deadly shooting at Springs Kum & Go can bond out of jail
COLORADO SPRINGS, Colo. (KKTV) -
UPDATE (9/19/22): A man accused of killing a father of eight will be allowed to bond out of jail.
The judge announced the decision in the case against Brian Alford Monday after hearing testimony from Alford’s mother, as well from both the wife and the mother of victim Jeremy “JJ” Diaz. Alford, 25, is accused of fatally shooting 36-year-old Diaz at a Kum & Go last month.
Since his arrest, charges against Brian Alford were downgraded from first-degree murder to second-degree murder due to a lack of evidence of premeditation. The judge ultimately ruled in favor of bond, stating the law doesn’t allow judges to withhold bond in “this type of case.”
Diaz’s wife’s and mother said they were adamantly against Alford bonding out, pointing out the shooting itself happened while Alford was out on bond for an unrelated crime. Both also expressed fears the suspect would do something even worse if he was allowed to go free.
The prosecution told the judge Alford is known to carry weapons on a regular basis, even on school ground. He concurred with Diaz’s family that the suspect posed a threat to the community.
Alford’s mother said she and the rest of the family were prepared to be a support system for him if he was allowed to bond out.
Whether he’d be allowed to bond out of jail was at the center of Monday’s hearing, with the victim’s wife and mother adamantly against. Both expressed concern that the suspect would do something worse.
Prosecutors involved in the case said they are unable to speak about bond decisions at this time. 11 News reached out to DA John Kellner from the 18th Judicial District about how decisions are made in cases like this. He said that even if someone is out on bond on another crime and allegedly commits another offense while awaiting trial on the first offense, they are still entitled to bail.
In this case, it would mean that even if Alford broke bond for a previous offense, such as the alleged assault of a police officer and teenager in July, he would not be held without bond on this case.
Bond was set at $500,000. Alford is scheduled to be back in court Oct. 10.
PREVIOUS (9/2): Court papers obtained by 11 News give new details in a Kum & Go shooting that left a man dead. Twenty-five-year-old Brian Alford is accused of killing 36-year-old Jeremy Diaz.
According to documents the pair reportedly got into a verbal argument while in line at the convenience store. The affidavit says Diaz was there with his 12-year-old son, and his wife was filling the car with gas.
It remains unclear if there was any relation between Diaz and Alford, and the cause of the argument is not reported. Witnesses say the two men began swearing at one another and then stepped out of the check out line towards the main entrance.
The court documents say a Kum & Go employee intervened, stepping between the two men. It is then reported Alford pulled out a handgun. The papers say in reaction to this, Diaz charged, which knocked himself and the employee to the ground.
It is reported that Alford then reached over the employee and fired multiple shots at Diaz killing him. Bullets were scattered around the Kum & Go. The papers say one was lodged into a counter where another employee had been standing near.
“Calmly” is how the documents describe Alford leaving the scene, walking past Diaz’s’ child and out the door. Surveillance footage showed him leaving in a tan Ford Explorer.
Police say they used surveillance video, witness statements, and a tracking device to pinpoint Alford as a suspect.
Alford was out on bond at the time of the shooting.
Separate court documents also obtained by 11 News say he was arrested weeks before in July, accused of assaulting a teenager and a police officer. The affidavit also says Alford couldn’t legally own a fire arm after another women filed a protective order against him this April.
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