Delays in the case of a knife attacker accused of premeditated murder

District Judge Rachel J. Olguin-Fresquez on Wednesday granted a motion to postpone the trial in the case of stabbing suspect Nefi Ezequiel Armijo Hernandez until the end of February.

Armijo Hernandez, 16, is currently charged with first-degree murder and a number of other offenses stemming from an altercation in Gypsum on April 24 that left Jackson Davis (14), then a freshman at Eagle Valley High School, dead. Armijo Hernandez is currently being housed at the Rocky Mountain Youth Services Center in Denver. He appeared via Webex on Wednesday.

Armijo Hernandez is being tried as an adult and would like to be tried in juvenile court. To do so, the court would need to approve a remand, a process that would involve taking into account the opinion of a forensic evaluator who would analyze factors such as the potential risk to the community and the maturity and character of Armijo Hernandez.

Attorney Angela Campbell, who is representing Armijo Hernandez, told the judge on Wednesday that the expert witness sought by the defense would not be available to provide an expert opinion until after the fall semester ends in late December. Armijo Hernandez is a native Spanish speaker and will need a translator for the court proceedings.

“We have consulted numerous appraisers, and unfortunately because of the language issues and the type of appraiser we would have to hire, there are only a limited number of people willing to work for state rates,” Campbell said.

Once the evaluation is completed, the public prosecutor's office will need about a month to review the case, so the transfer hearing can take place in February at the earliest.

Judge Olguin-Fresquez granted the defense's request to continue the remand hearing and scheduled a four-day hearing for February 25-28.

At that time, Armijo Hernandez will also have his preliminary hearing on the charges against him. The charges include first-degree murder, second-degree murder, two counts of a violent crime resulting in death, and one count of conspiracy to commit assault with a deadly weapon.

Olguin-Fresquez also scheduled a status conference for January 22 to ensure that the prosecution and defense would be ready for the February 25 hearing.