Judge Reid Stewart gives Deputy DA Wills some case law and grants his Motion To Reconsider

Judge Reid Stewart gave Deputy District Attorney Connor Wills some case law to use against me for his prosecution at a May 19, 2023 hearing in the case of my alleged trespassing at Durango Arts Center.

Basically, the prosecution wants to keep me as far away from Brenda Macon as possible in order to inconvenience me through the court system. Macon and the prosecution have flexed their egotistical will upon me by convincing Judge Stewart to amend with further restrictions a Protection Order that’s already in place against me.

Specifically, Judge Reid Stewart granted Deputy District Attorney Connor Wills’ Motion To Reconsider his previously denied motion to amend a protection order with a 100-yard exclusion zone included.

Before starting my court hearing, Judge Stewart said the following right before exiting the court room for a brief brake between hearings:

“Mr. Almeida and Mr. Wills, we’ve got time to talk today, but there’s a case that I’d like you both to review before I call the case. It’s People versus Yoder. It’s 409. If you guys would review that before the hearing, I think it’s currently on point,” said Judge Reid Stewart.

DDA Wills capitalized on the case law that Judge Stewart gave him in his argument for Reconsidering the Motion to Amend the Protection Order against me.

“Yes, we would request that the court modify the protection order, based on the case you just gave us, it looks like it would probably favor the people’s position. It’s my reading of the case that the language in subsection 3A does apply to the subsection 7, came before it which dictate mandatory protection orders. Therefore we could request these additional conditions as long as they were related to protecting a witness or victim of the case from harassment or intimidation. They are related to those purposes. Ms. Macon started receiving phone calls with heavy breathing after this video was posted on Arts Center,” said Wills.

“After Mr. Howell put the video up on the Arts Center, she began receiving phone calls with heavy breathing. Mr. Howell has some followers on his YouTube channel, and they can use this information to harm or intimidate Ms. Macon. Most importantly last month he appeared in front of her house in a lawn chair and basically stared across the street directly at her,” said Wills. [it’s false that I stared at her]

Of course, Connor Wills made an allegation about me appearing in front of her house without providing the full truth or any context. Either Wills or Macon lied to the judge, knowing that I was seen across the street by her husband on a day when I was working for Macon’s neighbor. Brenda Macon was nowhere to be seen, and I was unaware that it was her house at the time on 5/19/23.

“It’s the totality of the circumstances here which was troubling Ms. Macon and basically scaring her. The video being up with her contact info, and the fact that she’s receiving calls, and now Mr. Howell is appearing near her home. She’s understandably afraid of what might happen. And a No-Contact Protection Order and a 100-yard rule would help alleviate her fears. And basically what we asked last time was to not come within a 100 yards of her home or wherever she might be, which is the Durango Arts Center, and that we have a No-Contact Protection Order in place,” said DDA Wills.

“It’s not just that she’s feeling intimidated or scared, it’s that she’s one of our main witnesses, and we feel right now she is being intimidated by these actions. The underlying reason for a lot of this stuff is to intimidate Ms. Macon. She’s our main witness in this case,” said DDA Wills.

My attorney objected to DDA Wills’ Motion To Reconsider the original denial of DDA Wills’ Motion to Amend the original Protection Order.

In particular, my attorney Chris Almeida said that the evidence was lacking to show any nexus between me and the calls that were being made to Ms. Macon. Also, Almeida pointed out that when I was seen near Ms. Macon’s home, I had been working at an adjacent property. Subsequently, I had no reason to be back in her neighborhood now that the work I had been doing for that company was complete.

However, Almeida pointed out that I objected to being kept 100-yards away from the Durango Arts Center since it excluded me from visiting businesses in the neighborhood.

At the end of the hearing, Judge Reid Stewart granted the Motion to Reconsider. Stewart’s ruling overturned the ruling from the previous hearing where the visiting Judge Lobato heard Wills make the same feelings-based arguments that lacked any evidence.

To read a story about how visiting Judge Lobato denied DDA Wills’ previous attempt at amending the Protection Order, CLICK HERE.

Mr. Matt Martsen?