LOVELAND, Colo. (CBS4)– Despite requests from the Larimer County District Attorney to set the bond for the man arrested in connection to the shooting of a Loveland Police officer at $1 million, a Larimer County magistrate set the suspect’s bond at half that.
Cody Powell was arrested after he turned himself in for his alleged involvement of Sunday night’s shooting of Loveland Police Officer Garret Osilka on Tuesday.
Powell, 23, is being held on investigation of attempted murder of a peace officer and assault, both felonies. He appeared in court on Wednesday afternoon.
Police in Loveland arrested Powell Tuesday night after officers said he called 911 from a Walmart in Fort Collins and asked to turn himself over to authorities.
According to Loveland Police spokesman Lt. Rick Arnold, Powell told police he was involved in the shooting of Officer Osilka, but he has not said whether police believe Powell pulled the trigger.
Police were questioning a second person of interest, William Brown, 21, that may be involved with the shooting.
The Larimer County Sheriff’s Office said a deputy spotted a passenger in a vehicle that is a known person of interest in the shooting of Osilka during a traffic stop on Wednesday at I-25 and Hwy. 34.
The deputy pulled over the vehicle and arrested the driver, Brian Robert Vohs, 24, of Loveland for DUI, unlawful possession of a controlled substance and possession of drug paraphernalia.
The deputy then turned over Brown to police in Loveland for questioning.
On Sunday night, Osilka, 36, was trying to pull over an older model blue Jeep Cherokee with temporary plates when someone inside starting shooting.
According to the arrest affidavit, Osilka made the traffic stop at 17th and Wilson in Loveland for an unreadable license plate. As he approached the driver’s side of the Jeep he was shot by one person inside. Based on a pellet shell later found in the Jeep detectives believe Osilka was shot with a “Royal Buck” brand 12-gauge shotgun.
Minutes after the shooting a Loveland Police officer spotted the Jeep near the Loveland golf course and attempted to make contact. That Jeep was found abandoned about 1 a.m. Monday with the keys in the ignition.
Police said Powell works at Kar Kare, 162 SW 2nd Street in Loveland. The Jeep registration was traced to the owner who told police his car was at Kar Kare. Police also said they found Powell’s footprints in the snow where the Jeep had been parked.
In court on Wednesday, Larimer County District Attorney Cliff Riedel asked Magistrate Matthew Zehe to set Powell’s bond at $1 million and asked that if released, Powell be outfitted with a GPS monitoring device.
Riedel told Zehe he believes Powell poses a “significant” threat to the public.
A public defender argued on Powell’s behalf, asking for extra weight to be given to the fact that the accused called police to turn himself in.
Zehe said he agreed that “mitigated to a degree” the circumstances and set bond at $500,000. Powell will be required to wear an electronic monitoring device, though not GPS, Zehe said. Zehe also ordered Powell not have contact with Officer Osilka, or come within 100 yards of the officer.
Powell did not say anything during the proceeding. A custody report released by Loveland Police says detectives took two guns off of Powell when he turned himself in. Riedel told the court Powell has a past felony conviction within the last five years.
According to the arrest affidavit, at 8:29 p.m. on the night of the shooting Powell texted his step dad Brandon Ralston, “Thanks man, I’ve never got the chance to tell you I look up to you like my own dad.” Powell also conveyed that he loved his family and was messing up his life in texts to his brother. His family described these texts as unusual behavior.
Police found two empty 12-gauge shotgun shell boxes in Powell’s apartment that were the same brand as the shell found on the Jeep’s passenger seat. His roommate’s friend told police she had seen a sawed-off shotgun and a sawed-off rifle in Powell’s bedroom.
Cell phone records show Powell called a friend in Fort Collins and asked her to pick him up at a location less than half a mile from where the Jeep was found abandoned.
When he turned himself in Powell told police he had a shotgun in his backpack. Officers took two guns from him when he was arrested.
Powell is due back in court for his first appearance in district court at 8:30 a.m. on March 13.