Man shot by police in June 2014 pleads not guilty, has bonds revoked again after consuming alcohol

Zachary James Ortiz

A 25-year-old Lawrence man who has already posted more than $200,000 in bonds is back in jail Friday after breaking conditions of his bonds.

Zachary James Ortiz admitted to breaking conditions of his bond Friday after prosecutor David Melton reported Ortiz had been seen intoxicated outside a bar Wednesday, then police found him passed out in his car Thursday smelling of alcohol with vomit on his shirt.

Zachary James Ortiz

Ortiz is charged with aggravated assault on an officer in a case from July 2014 and fleeing and eluding police officers, driving under the influence, criminal threat, interference with the duties of a law enforcement officer and battery of a law enforcement officer in connection with a November 2014 incident. He was formally arraigned at Friday’s hearing and pleaded not guilty to all charges in both cases.

Ortiz has been banned from consuming alcohol since he posted a $50,000 bond for his first charge in July 2014 of aggravated assault on a law enforcement officer after allegedly leveling a shotgun at a Lawrence police officer in his home. The officer shot Ortiz in that incident after Ortiz reportedly refused to put down the weapon. The Douglas County District Attorney’s Office ruled the police shooting justified.

Ortiz posted that $50,000 bond days later, but was arrested a second time in October 2014 on suspicion of charges related to an alleged domestic battery. He posted a $3,500 bond for the domestic battery arrest. That case would later be dismissed because of uncooperative witnesses.

In November 2014, Ortiz was arrested again after allegedly leading police on a chase while drunk driving, then threatening and battering officers as they took him into custody.

After the November incident, Judge Peggy Kittel revoked his $53,000 in bonds from the first two cases, resetting them at $50,000 each, according to court records. She also set bond for the DUI case at $50,000. Ortiz posted that $150,000 total in bonds just two and a half weeks later.

Conditions on of all of his bonds forbade Ortiz from consuming alcohol.

At Ortiz’s first bond revocation in November 2014, Melton told Kittel the bond should be revoked because Ortiz’s “bonds as set (were) insufficient to prevent Mr. Ortiz from committing more crimes and endangering the public.”

Almost exactly a year later, Melton again asked for a revocation, cautioning Kittel about Ortiz’s threat to public safety.

“The state did not file this motion to revoke bond to be punitive to Mr. Ortiz,” Melton said. “The state is extremely concerned about the safety of the public. Alcohol played a role in both crimes.”

Ortiz’s attorney, Cooper Overstreet, told Kittel that Ortiz has been undergoing mental health and alcohol addiction treatments, and has not violated bond since last year. Overstreet said the bond violation was a “slip up,” and that Ortiz would gladly submit to an alcohol-monitoring bracelet or house arrest over confinement.

But Melton disagreed.

“This was not a ‘slip up,'” Melton said. “This was a significant transgression of conditions of the bonds.”

Kittel apparently agreed.

“The main concern all along has been issues with addiction,” Kittel said. “(Ortiz) appears to be a normal person, except when he drinks he becomes a danger” to the community.

Kittel again revoked Ortiz’s bonds for the aggravated assault and DUI cases, resetting them for $100,000.

Though Ortiz has posted about $203,500 in bail so far, court records indicate he has used a bondsman for each transaction. Bondsmen typically require defendants to pay them a nonrefundable 10 percent of the total bond amount, meaning Ortiz has paid about $20,350 out of pocket for his jail releases.

If Ortiz should post bail again, he will be required to wear an electronic monitoring bracelet.