Change of release conditions denied in shovel beating case | KOB 4

Change of release conditions denied in shovel beating case

Colton Shone
February 14, 2018 05:28 PM

ALBUQUERQUE, N.M. -- The suspect in a horrific crime that sent shockwaves in Albuquerque appeared in court once again to ask for his conditions of release to change. Justin Hansen's attorney also argued for some charges to be dropped.


Walking into court with family by his side, Hansen looked straight ahead. His alleged victim, Brittani sat just feet away. She was with her family on the other side of the room.

The defense first asked to change Hansen’s conditions of release, specifically removing the requirement for someone in Hansen's family to supervise him at all times. His lawyer called it an inconvenience.

“Mr. Hansen has been compliant with pretrial services. There have not been any violations," said attorney Rose Osborne.

But Marcell, who the prosecutor says was beaten within an inch of her life with a shovel by Hansen in 2008 in her own home, pleaded with the court to keep the original requirements in place.

"For the last nine years, I've suffered as he was walking free, acting like nothing has ever happened," she said in court. "After I've been suffering, going under so many reconstruction surgeries because of what he did to my life. He almost took it in a split second."

Judge Cindy Leos kept the conditions intact. 

Then the court heard a defense motion to drop the aggravated burglary, aggravated battery and aggravated assault with a deadly weapon charges because of the statute of limitations. That was also denied.

"I'm relieved he's facing the same charges that none were dropped. I was a little anxious," said Brittani's mother, Diane Marcell.

"The judge, deep down inside of her, she knew what was right," added Brittani Marcell.

Hansen is also requesting a change of venue, claiming he can't get a fair trial in Albuquerque. That motion will be taken up in March. The jury trial for this case will start in April.


Colton Shone

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