Woman accused of fatally shooting El Paso Uber driver granted split bond
The woman accused of shooting an El Paso Uber driver had her bond split as her lawyer claimed the driver told her he was taking her to Juárez and she had a "founded fear" she was being kidnapped due to national news coverage of the violence in Mexico.
Phoebe Copas, 48, of Tompkinsville, Kentucky, is facing a murder charge in connection with the fatal shooting of Uber driver Daniel Piedra Garcia, 52, about 2:20 p.m. June 16 as they drove on U.S. 54 southbound in South-Central El Paso to Speaking Rock Entertainment Center, 122 S. Old Pueblo Road.
Copas, who was wearing a red jailhouse jumpsuit, appeared in court Thursday during a virtual bond hearing.
El Paso County Magistrate Judge Antonio Aun granted Copas a split bond, meaning her originally $1.5 million surety bond was changed to a $500,000 surety bond and a $1 million personal recognizance bond, also known as a PR bond.
Copas will have to pay the $500,000 to be released from jail. She also will have to sign an agreement to follow court ordered conditions on the $1 million PR bond but won't have to pay any money for that portion.
The conditions include attending all court hearings, not possessing firearms and not violating any laws. She is currently held in the El Paso County Jail in Downtown.
Copas' lawyer Matthew Kozik claimed Piedra told his client that he was taking her to "la feria," or the fair, in Juárez. She then told Piedra she didn't want to go to Juárez and to stop the car, but he continued to drive toward a port of entry and increased the speed he was driving at, Kozik said.
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He said his client was in fear of her life because of her knowledge of violence and kidnappings in Juárez, and seeing highway signs on U.S. 54 showing exits to Juárez.
During the hearing, Kozik showed news articles reporting on violence in Juárez, including stories about drug cartels and kidnappings. He also showed photos of where the shooting happened and traffic signs showing the highway led to Juárez.
"Her fears of going to Juárez were founded," Kozik said.
Copas allegedly grabbed a silver and brown handgun from her purse and shot Piedra in the back right side of his head, a complaint affidavit states.
Kozik claimed Copas had told Piedra to let her out of the car once he allegedly said he was taking her to Juárez. The lawyer added that Copas attempted to open the car's door to jump out, but the doors were locked by the driver. She also attempted to jump out the window but the window wouldn't go down, Kozik said.
She then fatally shot Piedra in order to protect herself from being kidnapped, Kozik claimed.
Copas took a photo of Piedra after he was shot and sent it to her boyfriend via text message before calling 911, the affidavit states.
The affidavit filed by El Paso Police Department officers left out key details, Kozik claimed. The details included that she first tried to call 911, but the call wouldn't connect, so she then called her boyfriend, the lawyer said.
He added that Copas only took the photo of Piedra's body and sent it to her boyfriend before calling 911 because her boyfriend did not believe she had shot someone.
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El Paso County District Attorney's Office prosecutor Shantal Ortega countered that if the call to 911 didn't go through the first time, then how did the call to her boyfriend go through?
She added that Copas' belief she was being kidnapped was "unreasonable" and no facts were presented by the defense during the bond hearing that proved she was being kidnapped.
"Simply because this is a border city and there may be signs showing miles away from some port of entry, it is unreasonable that she wouldn't have come across that before as she was in a border city she had been to before," Ortega argued. "We know from her boyfriend that he told her to call 911. Her first reaction was to take a photo and send it to her boyfriend, and then call 911."
Kozik and Ortega argued over a previous arrest Copas had in Kentucky involving firing a gun during a domestic violence incident.
A Kentucky grand jury declined to indict her in that case, so it was dismissed, meaning Copas had no criminal record, Kozik said. He added Copas has had no other interactions with the law.
Ortega countered that the incident showed Copas was violent and had shot a gun at a person before.
During the bond hearing, more than 10 people testified on behalf of Copas. The testimony came from family and friends.
Copas' mother, Ana Johnson, testified Copas was a loving mother and a good person. She added Copas was "outgoing, friendly and would do anything to help people."
Copas' daughter has medical issues and needs her mother, Johnson said.
Copas' boyfriend, J.C. Knott, testified the gun was his and that Copas was legally carrying the gun.
He testified he could not answer if Copas actually knew of violence occurring in Juárez. Knott added he believed Copas was trying to save her own life when she shot Piedra.
Copas originally was charged with aggravated assault causing serious bodily injury. She then was charged with murder after Piedra was removed from life support June 22 and died.
The aggravated assault charge is being dismissed, Ortega said.
Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.
This article originally appeared on El Paso Times: Woman accused of fatally shooting El Paso Uber driver gets split bond
