BOULDER, Colo. –
Alex Midyette faces a possible charge of violating his bail bond conditions, a class-six felony.
If he’s convicted, the charge carries a presumptive sentencing range of one year to 18 months in the Department of Corrections.
The charge, expected to be filed at a hearing Tuesday, is considered separate from Midyette’s conviction for criminally negligent child abuse in the death of his 11-week-old son.
However, Boulder County District Judge Lael Montgomery â who will oversee Midyette’s sentencing hearing April 20 â can take the new alleged violation into consideration, said Catherine Olguin, a spokeswoman for the Boulder County District Attorney’s Office.
“It would be left entirely up to the judge,” Olguin said.
She said the new allegation will be treated as an entirely new case for Midyette, and could include a preliminary hearing, or even a jury trial.
Because Midyette was already a convicted felon in the case of his son’s death, Olguin said, prosecutors requested that his bond in the new case be set at $10 million. That amount is in addition to a $10 million bond set Friday after a judge revoked his previous $1.5 million bond.
Midyette will not be forced to forfeit his original bond, however. That only happens when a suspect fails to show up in court, officials said.
Read Molly Midyette’s motion requesting a new trial (PDF)
Read the grand jury indictment (PDF)
Read the DA’s statement