A Benson man sitting in the county jail on a $50,000 bond since late May awaiting trial on charges that he lunged with a knife at another man and threatened to slit the throat of that man’s mother will be in court this week hoping to secure his pretrial release.
Back on May 27, Chance Michael Hart and some friends spent the evening “partying” in the desert. At some point the mood soured when Hart and one of the partygoers got into an argument, according to Det. Caleb Barham of the Cochise County Sheriff’s Office.
“During the verbal altercation, Chance Hart drew a knife on (the victim) and advised (the victim) to stop ‘verbally harassing’ him,” Barham wrote in statement of probable cause for Hart’s arrest. “Chance proceeded to advance on (the victim) with the knife, and (the victim) responded to Chance by drawing a loaded firearm.”
The victim then pointed the gun at Hart and fired at least one round, striking Hart under the left armpit. At least one witness confirmed Hart’s threats to harm the victim led to the shooting, the detective noted.
Hart was driven from the scene by one of partygoers to obtain medical treatment for what appears to have been a flesh wound. But after refusing care, Hart was driven back to the scene where deputies took him into custody.
The detective noted the observation that Hart “was obviously intoxicated by alcohol” and had admitted to marijuana use. Court records show Hart and the victim are both in their early 20s.
Hart was booked into the county jail on suspicion of felony aggravated assault as well as threatening or intimidating behavior, which is a misdemeanor. Being placed under arrest, however, did not set well with Hart.
“While Chance was being detained at the Sheriff’s Office substation, he made multiple comments regarding his displeasure with being detained,” Barham wrote. “He indicated if he was not released soon, he would go to (the victim’s) residence and cut his throat, along with (the victim’s) mother’s throat.”
Then, sometime prior to 7 a.m. on May 29, Hart reportedly attempted to hang himself with a shirt while in a jail cell.
Details of that incident are not included in the court file, but Hart was able to
appear at his June 14 arraignment. At the arraignment, Hart’s speedy trial deadline was set at Nov. 9 and bail was set at $50,000 to secure his pretrial release.
On Aug. 25, Hart and his court appointed attorney will appear before Judge Jason Lindstrom of the Cochise County Superior Court to argue in support of modifying the release conditions, including the amount of bail.
The request, first made by Deputy Legal Advocate Michael Hamburger in mid-June, seeks Hart’s release on his own recognizance or in the alternative, a third-party release, or a reduction in bond.
The purpose of any condition of pretrial release is to ensure that the defendant appears at future court hearings, as well as to protect the victim, witnesses, and the community. Hamburger contends Hart, who appears to have no criminal history, is not a flight risk nor a threat to the victim or the community.
Hart’s parents have offered to serve as a third-party custodian responsible for ensuring he attends all court proceedings and complies with any other conditions of release, such as not consuming alcohol and not leaving the state.
No charges have been filed against the man who shot Hart.
