Man accused in Kilby Motel shooting granted bond
LAS CRUCES - The man accused of shooting at a car full of people near the Kilby Motel two weeks ago was granted a $5,000 secured bond by a judge on Tuesday.
Johnny Whelan, 25, is charged with three counts of aggravated assault with a deadly weapon, shooting at a motor vehicle, possession of a firearm by a felon and tampering with evidence. His arrest stems from a shooting in an alleyway near the Kilby Motel on South Main Street.
According to a police affidavit, Whelan fired a shotgun at a vehicle full of people on Jan. 13. The affidavit stated that two arguments broke out behind the Kilby Motel before the shooting, although neither involved Whelan. Instead, police said Whelan shot at the group of people arguing when they attempted to flee in a vehicle.
During the hearing Tuesday, one of the argument's participants said another person involved in the argument left to go and retrieve Whelan. Another witness said Whelan knew one of the argument's participants before the shooting. When Whelan returned on a bicycle, witnesses told police he shot at them.
Read more: Police: Arguments behind Kilby Motel interrupted by shooting
"This defendant has absolutely no regard for the safety of others," prosecutor Debra Doll told the court.
Doll added that Whelan was already out of jail on another charge. Court records show that Whelan has a pending drug charge.
As such, prosecutors requested Whelan stay in jail while awaiting trial.
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Ramona Martinez-Salopek, Whelan's defense attorney, said the contradictory statements in the affidavit and from the witnesses suggested that the situation was chaotic.
For example, Martinez-Salopek pointed out that the same witness who told police there were two bicyclists who testified on Tuesday that there was only one.
Martinez-Salopek said that the inconsistencies and
However, 3rd Judicial District Judge Douglas Driggers found that there were conditions of release that could protect the community and ensure Whelan's compliance with court orders.
Due to the nature of the charges and previous instances in which Whelan failed to appear in court, Driggers granted Whelan a $5,000 secured bond — meaning Whelan will have to pay the bond, or ten percent of that to a bail bondsman, before getting out of jail. Whelan was ordered to stay away from the Kilby Motel and avoid all contact with the alleged victims or witnesses.
Justin Garcia is a public safety reporter for the Las Cruces Sun-News. He can be reached at JEGarcia@lcsun-news.com or on Twitter @Just516garc.
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This article originally appeared on Las Cruces Sun-News: Man accused in Kilby Motel shooting granted bond
