Routt County woman charged with murder denied bail
July 12, 2013
Steamboat Springs — Lisa Lesyshen, the Stagecoach woman accused of murdering her 9-year-old son, will not be allowed to post bond, a judge ruled Friday.
Fourteenth Judicial District Chief Judge Michael O'Hara made the decision during a hearing at the Routt County Justice Center.
O'Hara had planned to hold the hearing at the jail-like facility at Denver Health Medical Center where Lesyshen is in custody, paralyzed and recovering from a self-inflicted gunshot wound to the neck area.
The court was unable to set up a video conference with Lesyshen, so the hearing was held via telephone. Public defender M. Scott Troxell said over the phone during the hearing that he was sitting next to Lesyshen in her hospital bed. She spoke only briefly when answering simple questions from O'Hara.
One of the purposes of the hearing was to advise Lesyshen of the charges against her, which include first-degree murder related to domestic violence. Lesyshen is being represented by the Routt County Public Defender's Office, and she waived her right to have the charges and potential penalties formally read to her by O'Hara.
The other issue addressed during the hearing was a protection order that would have forbidden Lesyshen from having contact with her husband, Michael Kirlan, who awoke to the sound of gunshots during the early morning hours May 29.
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Attorney Charles Feldmann, who is representing Kirlan as a victim's advocate, said during the hearing that Kirlan did not want to be named in the protection order because he did not perceive Lesyshen as a threat, given her medical condition. Routt County Chief Deputy District Attorney Rusty Prindle disagreed.
"I think it's very important he be a protected party going forward in this case," Prindle said.
O'Hara ruled that Lesyshen only can contact Kirlan if Kirlan consents to the contact. The same goes for a woman that court documents show Kirlan had a relationship with leading up to the shooting.
Lesyshen has requested a preliminary hearing, which would determine if there is sufficient evidence for the case to go to trial. The hearing was not scheduled. A status conference is scheduled for 1 p.m. Aug. 28.
The Routt County Sheriff's Office is continuing to investigate the shooting, which Lesyshen told an investigator she committed. On Thursday, the Sheriff's Office had another search warrant signed by a judge that will allow investigators to search an iPad and two cellphones seized during a search of the home.
In a previous search warrant, investigators said the couple was in the process of separating and had discussed custody arrangements for their only child. On May 27, Kirlan told his wife he had been seeing another woman, the warrant states. Lesyshen bought a .22-caliber revolver later that day and bullets May 28. Asher Lesyshen-Kirlan was shot five times at about 3 a.m. May 29.
According to the search warrant filed Thursday, Lesyshen sent several taunting emails May 27 to the woman Kirlan was seeing. The warrant states that the first email was sent at about noon and reads, "Thanks for helping my husband break up our marriage!" Two other emails were sent in the early evening.
At about 11:30 p.m. May 28, just hours before the shooting, a post made from Kirlan’s Facebook account and timestamped at about 11:30 p.m. Tuesday included a photo of a woman and a caption alleging an affair. Kirlan said he did not make the post.
To reach Matt Stensland, call 970-871-4247 or email mstensland@SteamboatToday.com