Hearing Postponed, Brainard Still in Jail
KREX News Room
GRAND JUNCTION, Colo. Newly-elected Grand Junction city council member Rick Brainard will be spending at least one more night in jail. A hearing scheduled for Sunday was postponed for Monday. On Saturday Brainard was arrested for a domestic violence allegation involving his girlfriend.
On Tuesday he made headlines after winning the at-large seat of city council by nearly 58 percent, but just four days later he made headlines for a very different reason.
Mayor Bill Pitts said, "It happened, it's an unfortunate incident. I feel sorry for him, quite candidly."
Brainard was arrested after an alleged physical altercation with his girlfriend Cindy Franzen over texts on his phone from a previous girlfriend. In the arrest affidavit Franzen states she was pushed into the dresser by her chest several times, her hair was pulled and she was grabbed by the arm and face. It also says Brainard later struck her in the right side of her face, with what she thought to be an open hand
On Sunday Brainard was scheduled to speak with a judge. However technical difficulties occurred, which potentially could have led to the hearing not being safely recorded.
Mesa County District Attorney, Pete Hautzinger, said, "Since the technology was not functioning right, I objected to going forward with the hearings."
Meaning Brainard will be staying at least one more night in jail.
"Anyone who was arrested for domestic violence, which by statute requires the person to go before a judge before they can be released on bond. So all of the domestic violence arrests from over the weekend will remain in custody and stay in there until at least Monday," said Hautzinger.
Pitts, who lost re-election to Brainard, said he's never seen anything like this throughout his career, "Well it's a new experience for me but also a new experience for the people down at city hall. They've got to shuffle through something because we've never seen it before."
When asked about his first reaction to the incident, Pitts said, "I'll be darned, that's probably what I said because what an interesting and provoking development this has turned out to be. So I have no idea what's going to happen."
Brainard is now scheduled to go before a judge on Monday at 1:30 at the Mesa County Justice Center