The 95-year-old man accused of shooting and killing a Lafayette assisted living facility employee will be held without bond as prosecutors anticipate filing a first-degree murder charge.
Okey Payne was arrested Wednesday on suspicion of first-degree murder and felony menacing in the death of Ricardo Medina-Rojas.
Payne made his first appearance Friday in Boulder District Court rather than Boulder County Court because first-degree murder charges “are anticipated.”
Because capital charges are likely, Boulder District Judge Thomas Mulvahill ruled Payne must be held without bond by law.
Payne is now set for a formal filing of charges on Wednesday. Prosecutors said they could have moved forward with filing of charges Friday, but Payne’s defense attorney Kathryn Herold said that she would like some more time due to communication issues.
According to an arrest affidavit, Payne has trouble hearing and communicates mainly through writing. Payne, who attended the hearing in person along with defense attorneys and prosecutors, was reading a transcript of Friday’s proceedings provided by the court, and said he understood his rights and was following what was happening.
Payne did not make any other statements to the court Friday. Herold said Payne is a veteran and thus eligible for veteran services while in custody.
Herold also brought up a motion she made asking Lafayette police to keep records of their written conversation with Payne after he was taken into custody Wednesday.
Prosecutors said Lafayette police would keep those notes.
If Payne is charged with first-degree murder as anticipated, he would then have a proof-evident presumption great hearing to determine if there was enough evidence to continue the case and continue to hold Payne without bond.
Police were called to Legacy Assisted Living, 225 Waneka Parkway, at 7:15 a.m. Wednesday for a reported shooting.
Officers responded and were able to take Payne into custody and found a small handgun.
Medina-Rojas, a maintenance employee in his 40s, was transported to Good Samaritan Medical Center and initially placed on life support, but pronounced dead at 2:10 p.m. Wednesday, according to the affidavit.
Police believe the shooting took place in the lobby and that Payne also pointed the gun at two other people in the building before he returned to his room, where he was later taken into custody.
According to an arrest affidavit, Payne used a walker and had trouble hearing and asked police to write questions for him, but was otherwise lucid and waived his right to an attorney before making a statement.
Payne told police in the interview that he believed staff of the Legacy, including Medina-Rojas, were working with his ex-wife to steal from him. Payne told police staff were stealing bills from his wallet and forging checks in his name.
Both Lafayette police and Adult Protective Services had previously investigated Payne’s complaints but found the allegations were unsubstantiated.
Payne said he waited for Medina-Rojas to check in Wednesday morning and confronted him about the missing money. Payne told police Medina-Rojas “mumbled” something before Payne then shot Medina-Rojas in the head to stop “the thievery.”
Payne said staff had told him he was not allowed to have firearms on the property by rule, and said staff had taken his firearms — including a handgun and a rifle — from his room to store them in a storage shed at a separate address.
Payne did not say how he got a weapon into the building ahead of the shooting on Wednesday.
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