AURORA, Colo. (CBS4)– Charged with attempted murder in the Aurora Waffle House shooting, Kelvin Watson is already out of jail. Arapahoe County District Attorney George Brauchler said his office argued that the 28-year-old’s bond should have been set at $500,000. Instead, it was set at $100,000.

Kelvin Watson (credit: Aurora Police)

“I respect the court, we just had a different opinion as to what the bond should be for this alleged behavior,” Brauchler told CBS4’s Dominic Garcia.

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According to court documents, witnesses say on the morning of May 14 Watson went into the Waffle House on East Mississippi Avenue without wearing a face mask. He was told several times to wear one due to the coronavirus pandemic, became belligerent and pulled out a gun.

According to witnesses, he told the cook, “I can blow your brains out right now.” A waitress suspected Watson was high.

The next night, he came back and was refused service. One witness says he hit the cook in the head and chased him out into the parking lot, where he allegedly shot him.

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The employee was rushed to the hospital and later was recovering at home.

CBS4 reached out to the judge in this case, Judge Kelly LaFave. We were told she set the bond amount at twice what the guideline suggested, which was $50,000.

“In doubling that bond, that may seem like a big deal but candidly that guideline can’t be a substitute for all the other factors that might come into play in this or any other case,” Brauchler told CBS4.

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Aurora police used Watson’s credit card receipt from the night before to track him down. CBS4 has learned Denver police were also looking for him in connection with another shooting that happened in April. It allegedly occurred at a tow yard where Watson’s car had been impounded. The rounds from that shooting were of the same caliber in the Waffle House shooting.

Dominic Garcia