Brainard Attends First Hearing, Posts Bond
KREX News Room
MESA COUNTY, Colo. - Grand Junction City Councilor-elect Richard Brainard is out of jail after spending two nights and three days incarcerated.
Brainard is charged with third-degree assault and harassment after an alleged incident with his girlfriend, Cindy Franzen, Friday night.
He was set for court Sunday morning, but technical difficulties pushed the hearing back to Monday afternoon. During the session, Judge Gretchen Larson addressed Brainard via video and set his bond at $1,000.
He was also ordered to have no contact with the alleged victim. That includes a temporary restraining order from his own home at 2207 Avenal Ct., at which Franzen also resides.
However, Judge Larson did grant Brainard a one-time escorted visit to his home to gather some personal belongings.
As far as the future of his At Large seat, city and election officials tell NewsChannel 5 Brainard has many options.
If Brainard resigns prior to being sworn in on May 6, it is the current council's duty to choose a replacement from a pool of applicants.
If he resigns after being sworn in, it will be the new council's duty to choose a replacement.
If Brainard stays in office but the public is unhappy with his appointment, they may ask the city for a recall vote. This option would carry a 90-day waiting period as well as a petition with 25 percent of the votes in the last gubernatorial election, among an extensive list of other requirements. Officials say a recall vote was last attempted in 1986.
Council members cannot be impeached unless they are convicted of a felony. Brainard is facing misdemeanor charges and has not been convicted of anything.
Brainard is due back in court May 6, the day he's set to be sworn in on Grand Junction City Council.
NewsChannel 5 has reached out to Brainard for comment and will continue to provide updates as developments come in.