On June 2, 2022, Anthony Robert Franchitti was discovered at a residence in Lafayette. The home belonged to a female who was at the scene. In the bedroom, police discovered the body of Nicholas Wilson. When police arrived, Franchitti and the woman had defense attorneys on site and refused to speak to the police.
An autopsy discovered that Wilson had been shot three times, including one to Wilson’s back from a distance and two at closer range in his leg.
Franchitti was charged with first-degree murder with deliberation in the death of Wilson.
Franchitti’s trial has been set, however, the issue of bond was one Boulder District Attorney Michael Dougherty had to fight for.
Previously, suspects charged with first-degree murder could be held without bond provided there was sufficient evidence presented. This required that suspects remained in custody throughout the murder prosecution.
However, the Colorado Supreme Court recently overturned this standard following a case involving Jerrelle Aireine Smith, who was charged with first-degree murder in a 2021 killing.
The Colorado Supreme Court decided that no-bond holds were no longer permitted in first-degree murder cases because of the repeal of the death penalty in 2020.
“The Colorado Supreme Court held that the phrase “capital offenses” plainly and unambiguously refers to offenses for which the General Assembly has statutorily authorized the imposition of the death penalty. With the repeal of the death penalty in 2020, there is no provision that would allow for the murder to be defined as a “capital offense,” a news release from the DA’s office states.
The change only applies to crimes committed after July 1, 2020.
The case involving Franchitti is the first time Boulder County has had to face these changes, according to the DA’s office. The court was required to set a bond in Franchitti’s case. Franchitti’s lawyer asked for a $750,000 bond while the DA’s office asked for a $10 million bond.
The Boulder County DA’s office has three major concerns following the Colorado Supreme Court’s decision. The first is that those facing first-degree murder charges are eligible for bond when other crimes of violence are not. The second reason is that wealthy defendants are more likely to make bond in murder cases. And finally, that murder suspects released on bond could pose a threat to community safety, according to the news release.
In the case of Franchitti, the judge granted the DA’s Office its request for a $10 million bond. Additionally, the court ordered a protection order that requires that the defendant turn over all firearms and ammo, not obtain any weapons, surrender his passport, abstain from drugs, alcohol and marijuana use, and submit to GPS and alcohol monitoring, according to the DA’s Office.
Several district attorneys throughout the state are advocating for the Colorado Legislature to address the issue through a ballot measure.
“The logic and reasoning of the Colorado Supreme Court may make sense, but the consequences of this decision are immediate and severe. It must be addressed by Colorado as quickly as possible. I am concerned for the loved ones of murder victims, the safety of our community, and the possibility that a wealthy murder defendant could post bond and flee the jurisdiction. I guarantee that our office will fight for appropriate bonds to be set by judges, especially so in murder cases. This case demonstrates what’s at stake and I am glad that the judge granted the bond request of the District Attorney’s Office,” said Dougherty.
