A Sierra Vista man charged with armed robbery could be bailed out of jail to await trial next year, but it will require someone to put up $50,000 in collateral and pay a $5,000 non-refundable fee to a bail-bond agent, a Cochise County judge has ruled.
Demondra Brandon Heard is in the Cochise County jail where he has been since his Sept.22 arrest on suspicion of taking part in a Sept. 17 armed robbery. Bail at the time of his booking was set at $25,000 cash-only.
Heard, 27, appeared before Judge Laura Cardinal last week in a bid to modify his release conditions, which defense attorney Cynthia Brubaker argued was effectively a no-bail order given that Heard -“like most people”- does not have $25,000.
Brubaker, who is a deputy public defender for Cochise County, asked Cardinal to release Heard to the third party custody of his girlfriend, with whom he has a young child. She argued that the state has no evidence of Heard being in possession of a gun nor that he directly threatened the victim, identified as A.A., with harm.
At a hearing on the defense motion, prosecutor Terisha Driggs solicited testimony from the lead investigator, Det. John Andela of the Sierra Vista Police Department. She also played a video Andela recorded as he watched A.A. play the security footage, which did not have sound.
According to Andela, police were called to A.A.’s home after two men showed up outside his gated backyard. They were there about a debt A.A. owed to Heard, the detective said.
Much of the incident was recorded by a security camera installed in A.A’s backyard. The video show someone who appears to be Heard, but that person is not seen displaying a gun nor opening the gate to enter the yard. What the color video shows is a young Hispanic with a bandana over his face and what appears to have a black handgun with an extended magazine in his waistband.
The second male reportedly “racked a round” into the chamber of the gun, prompting A.A. to hand over $160 toward his debt and promise to pay more later in the day. Daniel Josh Miranda, age 17 of Douglas, was later named as the second person. Police found a gun matching the description provided by A.A. in a nearby alley.
Driggs, the prosecutor, argued that even if Heard did not possess a firearm nor overtly threaten A.A. he could still be convicted of armed robbery if “an accomplice used or threatened to use a deadly weapon.” And although Miranda is seen receiving the cash from A.A., Andela testified Heard later said the money ended up with Heard.
Another argument Driggs put forth was that A.A. and his girlfriend, who is the one who called 911, have “a fear of retribution” if Heard is released from jail before trial. “This is not 1880 and vigilante justice is not allowed,” Driggs argued. “That’s not how it’s done in Cochise County anymore.”
Brubaker also showed the security video to the judge, arguing it shows Heard simply stood outside A.A.’s backyard while having a conversation. The defense attorney also complained about A.A. being referred to as a victim considering he admitted owing Heard money.
If Cardinal was not willing to approve a third-party release, then a $5,000 bond “would be practical” given Heard’s economic situation, Brubaker argued.
The judge acknowledged the victim’s concerns, but said she is required to consider the “least onerous” conditions of release likely to ensure Heard appears for trial while protecting society. In the end, Cardinal dropped the “cash-only” requirement of the original bond order but then increased the amount to $50,000.
This requires Heard to pay a 10 percent bail-bonds agency fee and provide sufficient collateral for the bond. Heard will remain in jail pending a mid-2022 trial unless he can satisfy those requirements.
Meanwhile, Miranda has been charged as an adult with armed robbery and is being held in the county jail in lieu of $50,000 bail.
LEARN ABOUT DANIEL MIRANDA’S CHARGES HERE
