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Judge continues plea hearing in assault case

Posted: Thursday, Apr 4th, 2013

Courier staff writer

ALAMOSA — A district court judge remanded an assault-related case back to the county court level on Tuesday with the understanding that attorneys for both sides had reached a plea deal.

But Robert Cody McGuire’s defense attorney now believes that the case should be tossed out altogether, in light of new information she received just two hours before a plea hearing was set to begin.

Attorney Barbara Zollars told Alamosa County Judge Daniel Walzl on Wednesday that she believes the case should be dismissed, based on a statement from one of the alleged victims in an Oct. 7, 2012 stabbing incident.

At Zollars’ request, the judge agreed to postpone the hearing until May 22.

Prosecutors initially charged the 24-year-old McGuire with felony conspiracy to commit first-degree assault, along with a misdemeanor count of disorderly conduct.

His co-defendant, Joseph Earl Bailon, faces more serious charges, including first-degree assault and second-degree assault, as well as disorderly conduct.

The charges against the two men stem from allegations that they got into a fight last October with two brothers outside a local bar.

According to a police report on the incident, an Alamosa man initially arrived at the scene to pick up his family members, only to find that McGuire was allegedly fighting his brother.

When the man tried to stop the fight, Bailon reportedly punched him in the face. But the dispute didn’t end there.

After one of the men returned to his vehicle, authorities allege that Bailon stabbed him with a folding knife. Once the fight between them was over, authorities say that Bailon stabbed the second man.

When police arrived at the scene in the 500 block of State Avenue, they found that one of the brothers was bleeding from his left arm. They noted that the other man also sustained serious injuries to his left arm and left shoulder.

Both men said at the time that Bailon stabbed them, and according to a police report, Bailon later admitted that he stabbed one of the men during the fight.

McGuire, meanwhile, allegedly told police that he was involved in a fight with one of the two brothers, but added that was the extent of his participation in the incident.

The mother of the two injured men was also present at the scene, and according to her official statement, Bailon pushed her to the ground when she tried to break up the fight.

Bailon, 34, is scheduled to be back in district court on May 10 for a motions hearing in front of Judge Michael Gonzales.

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