Pitkin County District Judge Chris Seldin denied public defender Ashley Andrews’ request last week to reset her client’s bond from its current $100,000 cash surety to a personal recognizance bond, which does not require any cash or collateral.
“I understand that the level of charge in this case is serious and she does have some criminal history; however, her criminal history is largely traffic related,” Andrews said during the Sept. 8 docket.
Eleanore Davis, 28, was arrested Aug. 20 for her alleged involvement in a home burglary that, according to the victim’s statements to investigators, netted the perpetrators more than $5.2 million worth of property, including several Rolex watches, jewelry and family-heirloom coins.
But Andrews argued that her client was the victim in the situation.
“She’s the victim in how she was treated by her co-defendant, then she is also the victim in a far more serious set of crimes that were perpetrated against her by the alleged victim,” Andrews said. “I think it's unfortunate that Ms. Davis has been victimized repeatedly, and yet she is the one who’s in jail.”
A Pitkin County Sheriff’s Office affidavit written by investigator Brad Gibson details a conversation Gibson had with someone familiar with the situation, in which the person told Gibson that “the two males burglarized the home in retaliation for the homeowner [assaulting] Davis.”
“She has made allegations prior to the date of the alleged burglary. She continues to cooperate and wants to cooperate with all officials in those allegations, really trying to compile evidence in that case as well — and that’s difficult for her to do while she is in custody” Andrews said, adding that “this is just the tip of the iceberg in this case.”
Deputy District Attorney Don Nottingham acknowledged Davis’ allegations and allowed that as the investigations in each case continue, the prosecution may be open to adjusting the bond — but only with more information supporting that decision, which he didn’t feel he had last week.
“The people are aware of the allegations and investigation Ms. Andrews has spoken about, and the sheriff’s office has been investigating that and will continue to,” Nottingham said. “I would just point out ... the defendant has no fewer than 10 other pending cases, two of which are felonies. This is a burglary and a theft of a very significant amount that’s been alleged to have been stolen. I do think there’s the possibility that as information develops, the people may agree to some sort of reduction in the not-too-distant future, but today, we’re going to object.”
Ultimately, Seldin agreed.
“[The court] is aware of the larger picture involving the allegations made by these two individuals, essentially against each other,” he said. “In any event, given the evidence that was presented in the affidavit … suggesting as they do the strong connection from an evidentiary standpoint between Ms. Davis and the charges, as well as a very planned and orchestrated burglary, the court has concerns about public safety and the safety of the alleged victim, as well as Ms. Davis’ likelihood to appear.”
The victim in the alleged burglary was vacationing on a boat in the Bahamas at the time his Owl Creek home was broken into. Because of Davis’ relationship with a member of the victim’s staff — and, by proxy, the victim himself — allegations arose that she would have known the layout of the home.
Upon returning to Snowmass from his vacation, the homeowner was in contact with both Gibson and Davis. Gibson wrote in his report that the victim of the burglary sent him a recorded phone call he had with Davis.
In the recording, which Gibson transcribed in his report, the victim is apparently speaking to Davis, attempting to arrange for her to return the allegedly stolen property in exchange for seemingly extortion money.
“I want the coins and the watches,” Gibson reported the victim saying. “I’ll, I told you I’d give you 25 grand.”
At that point, the woman — presumably Davis — replies.
“I have some of the most important watches. You know how I have expensive tastes,” she said.
Gibson wrote that she goes on to explain that she needed money to “get them heroin” and she wouldn’t be able to sneak more of his property away from the two men in possession of it unless they were high.
“If you can give me the watches and the coins … Like, I have never let you down money-wise. But this is crazy. Like, it’s nuts,” the victim told Davis, according to Gibson’s report.
The victim told Gibson on Aug. 16 that Davis had returned 17 of the stolen items, but alleged that they were in poor condition.
Davis, of Grand Junction, is next due in court Sept. 21 as is her co-defendant Nick Henderson, 31, who is also an inmate at the Pitkin County Jail after being arrested nine days after Davis. His bond is set at $106,500. Both face charges of class 2 felony theft and class 3 felony second-degree burglary.