Judge denies appeal bond for man serving 22 months for North Routt fight
September 1, 2011
Steamboat Springs — Fourteenth Judicial District Court Chief Judge Michael O'Hara denied a request Wednesday from an incarcerated man who wanted to post a bond while he appeals his case.
On April 22, Anthony Richard Allen, of Thornton, was sentenced to 22 months in prison for his role in a July 2010 fight in Hahn's Peak Village. A jury found the 39-year-old who grew up in Routt County guilty of second-degree assault under the heat of passion during a trial Jan. 6 overseen by O'Hara.
The prison time stems from what started out as a dispute over noise and escalated into a physical altercation in which Allen and another man, Richard Galusha, then 55, went to the hospital.
Allen subsequently has been sentenced to an additional year in prison because he was on probation when he committed the crime.
The grounds for Allen's appeal have not come forward.
During the 45-minute hearing Wednesday, O'Hara heard arguments from Allen's attorney, Routt County Public Defender Sheryl Uhlmann, and Chief Deputy District Attorney Rusty Prindle. Galusha's wife also spoke and told O'Hara she did not think Allen should be offered an appeal bond.
O'Hara talked through the request at length, addressing each of the items he was directed to consider. One of the things O'Hara had to consider was the likelihood of a successful appeal.
"I don't think I made any mistakes," O'Hara said.