A man accused of beating another man to death with a pipe in Boulder will continue to be held without bond after a judge determined there was enough evidence for the case to proceed and to keep the defendant in jail throughout the case.
Zachary Miller, 38, is charged with first-degree murder after deliberation, felony murder and robbery in the death of Christopher Havens, 46.
At a hearing Friday, Boulder District Judge Bruce Langer determined there was probable cause for the charges to be upheld.
“I do find the evidence is sufficient to meet that standard,” Langer said.
Langer also ruled that there was enough evidence for Miller to be held for the remainder of the case without bond.
Miller is now set for an arraignment on Dec. 2, at which time he could choose to enter into a plea deal or have his case set for trial.
Miller’s defense attorney Emily Briggs asked for the longer setover because Miller went through a lengthy period of incompetency and was only recently deemed fit to stand trial.
According to an affidavit, police were called to the 2600 block of Walnut Street on Oct. 24, 2020, after Havens was found dead on a mattress outside.
Police said Havens had severe head trauma and was declared dead at the scene. A preliminary examination would later show almost the entire left side of his skull was fractured.
According to the affidavit, police found a bloody pipe as well as blood spatter on the mattress and a nearby tree.
Police had responded to the area the night before for a loitering complaint, and officers said they found Havens there and told him he could not camp in the area.
According to the affidavit, a witness said he was drinking with Havens in the area sometime between 8 p.m. and midnight on Oct. 23, 2020. The witness said at some point a man came out from behind the trees and started attacking Havens with the pipe.
The witness said he eventually tackled the man to stop the attack. According to the affidavit, the witness heard the attacker say something to the effect of “serving” Havens.
After noticing Havens’ pockets were empty, police pulled a warrant for his missing phone and tracked it back to the area of 26th and Walnut streets, and police found Miller in the area with the phone.
Police said Miller had what appeared to be blood on his shoes and coat, and the pattern on his shoe sole matched a footprint found at the crime scene