The Lakewood man accused of shooting at an occupied car last May near Golden and his defense team are negotiating a plea agreement, based on his most recent court appearance.
Paul Behme, 32, was arrested June 13 on two counts of attempted first-degree murder. His bond was set at $1 million cash only.
On March 4, he pleaded not guilty, and the judge said the parties would determine his trial dates during an April 29 pretrial conference.
Behme appeared in custody at his pretrial conference, where his attorney asked for a continuance so the parties could continue negotiating.
“Both parties are working toward a resolution,” Behme’s attorney told Judge Russell Klein. “We just aren’t there yet.”
Klein continued the hearing until 1 p.m. May 28 at the Jefferson County Courthouse.
To that end, Behme’s attorney said his client was willing to toll, or pause, the six-month deadline for a speedy trial.
Klein explained to Behme how he has a right to a speedy trial within six months of his not-guilty plea. He noted that almost two months had already passed since the March 4 arraignment, but Behme could choose to pause the deadline between April 29 and May 28 if he wished.
Behme said he did, and Klein said the month between the April 29 and May 28 court dates wouldn’t count toward the six-month speedy trial deadline.
The case’s history
According to the arrest affidavit, around 9:30 p.m. May 23, a car with two occupants was driving westbound along West 32nd Avenue in the Applewood area, which is unincorporated Jefferson County between Golden and Lakewood. Near the Eldridge Street intersection, the car was struck seven times by gunfire, with one bullet piercing the windshield and nearly missing the occupants.
The driver — a Golden resident — only sustained minor injuries from the shattered glass, and the passenger was uninjured, according to the affidavit. Investigators identified a suspect vehicle in the case, which was later determined to be Behme’s.
According to the affidavit, Behme reportedly told investigators he’d been conflicting with gang members, whom he believed to be following him May 23 in Applewood.
Prosecutors have noted how Behme has an extensive criminal history, and has failed to appear in Broomfield, Adams and Denver counties on separate drug-related cases. He also was charged in a separate attempted murder case in Parker last summer.
On June 11, Behme reportedly shot into an occupied car in a hotel parking lot. He was charged with attempted first-degree murder and felony menacing. Prosecutors have noted that Behme had several firearms in his possession when he was arrested two days after the Parker incident.
During an Oct. 30 hearing about reducing his $1 million bond, Behme’s defense attorney described how his client had been struggling with his physical and mental health, including post-traumatic stress disorder, depression and severe headaches. He was also addicted to fentanyl at the time of his arrest, but his attorney said Behme now realized “just how far he’d gone” regarding his substance abuse.
“He’s committed to change,” his attorney continued.
In advocating for a reduced bond, his attorney said Behme had been participating in the jail’s behavioral services program. He was seeing a psychiatrist and was on anti-anxiety medication for the first time in his life, which was helping him immensely, his attorney explained.
During the Oct. 30 hearing, Klein ultimately ruled against reducing Behme’s bond. He believed Behme’s likelihood of reoffending was high, considering his criminal history, and ruled against reducing his bond. Klein also noted the number of firearms Behme had when he was arrested, saying, “The court has a great deal of concern regarding community safety.”