Public defender Valerie Cole had asked a judge to consider lowering defendant Matthew Dolloff's $500,000 bond during a court hearing last week because there was “obvious evidence of self-defense."
However, District Court Judge John W. Madden IV said Wednesday that recorded evidence of the incident increased the likelihood Dolloff would be convicted, and could potentially lead him to not appear in court if he was released on bail, according to FOX 31 Denver.
“The most significant factors increasing the risk of nonappearance are the potential sentence and the likelihood of conviction, which are components of the statutory factor of the likely sentence," Madden said in a six-page order. "The Defendant placed significant emphasis on the risk of conviction in arguing for a reduction of the amount of the bond in this matter.“
Dolloff, 30, is charged with second-degree murder in the killing of Lee Keltner, 49, during a Patriot Muster rally at Civic Center Park on Oct. 11. He was reportedly paid by Denver NBC affiliate KUSA-TV to protect staff members during the demonstration.
Video released from bystanders, a TV producer Dolloff was working with at the time, and the Denver Post, showed Keltner arguing with a Black man wearing a Black Guns Matter T-shirt before getting into an altercation with Dolloff.
A video showed Keltner, holding a spray can, walking out of view before a man’s voice is heard saying the area was no place for cameras. It's unclear if that voice was Keltner's.
Photos from the Post then showed Dolloff pointing his gun at Keltner as he fires what police said was pepper spray at Dolloff before Keltner falls to the ground.
“The evidence of which the Court is presently aware appears to show that, at the time of the shooting, there was no danger from the victim that placed the Defendant or anyone else in imminent risk of death or great bodily injury,” Madden said Wednesday, according to FOX 31.
Before the judge's decision, Cole argued that Dolloff’s bond should be reduced to $25,000 to $50,000 cash, property, or surety bonds, FOX 31 reported. The defender added that she understood the significance of the charge against Dolloff when making her request.
The Associated Press contributed to this report