Steamboat Pilot & Today

Two Wheat Ridge men accused of possessing psilocybin mushrooms, marijuana and prescription medications cannot be represented by the same public defender, a judge decided Wednesday.

Kyle Fredin, 22, and Jon Atencio, 32, were arrested Monday on suspicion of possessing one-eighth ounce of psilocybin mushrooms, less than 1 ounce of marijuana each and more than seven different prescription medications, including the pain killers Oxycodone and Hydrocodone. The men were charged with possessing a Schedule 1 controlled substance, a Class 3 felony, possessing less than 1 ounce of marijuana and possessing drug paraphernalia.

Steamboat Springs police said they approached the two Satur--day morning because officers thought the men were illegally sleeping in a car overnight.

Officers said they saw a jar on the console that made them suspicious. They reported finding marijuana, mushrooms and prescription drugs during a search of the car.

During a hearing Monday, County Judge James Garrecht raised Atencio's bond from $20,000 to $35,000 because Deputy District Attorney Tam--my Jenson reported Atencio had been convicted twice of sexual assault, in 1995 and on a child in 1993.

Atencio and Fredin face between four and 12 years in prison if they are convicted on the charges.

During Wednesday's hearing, Garrecht said that because Fredin had posted $20,000 bond and Atencio was still in custody, public defender Trevor McFee, who is representing Atencio, cannot represent Fredin.

Fredin said he was not sure how to apply for a public defender or whether he qualified. Because there is a co-defendant in the case, Garrecht told Fredin that if he qualified for the public defender, he would most likely be appointed a different attorney to represent him.

Atencio said he had applied for the public defender and assumed McFee would represent him.

During the hearing, McFee also asked Garrecht to schedule a time for McFee to address Atencio's bond.

Atencio will appear in court at 1 p.m. Wednesday for a bond hearing. Fredin is scheduled to return to court at 1:30 p.m. Jan. 4.

-- To reach Alexis DeLaCruz, call 871-4234

or e-mail adelacruz@steamboatpilot.com