FILE - This booking provided by the
Boulder County Sheriff's Office shows Okey Payne, a 95-year-old resident
of an assisted living facility accused of shooting and killing a
maintenance worker. Payne has been charged with first-degree murder, on
Wednesday, Feb. 10, 2021. .
Okey Payne, the 95-year-old man
accused in the fatal shooting a maintenance worker at the Lafayette
assisted living facility where he lived, appeared Wednesday in court in
Boulder County to face charges of first-degree murder and felony
menacing.
The murder charge could bring a mandatory sentence of life in prison without parole if Payne is convicted.
Payne has a preliminary hearing to air evidence in the case scheduled for May 5.
He claimed he shot Ricardo Medina-Rojas because he took $200 from Payne’s wallet, a probable cause arrest affidavit states.
He told police he waited in the lobby on the morning of Feb. 3 for Medina-Rojas to arrive for his shift and shot him with a .45 caliber gun, court papers said.
The arrest affidavit states Payne allegedly admitted to shooting Medina-Rojas and apologized for his actions, but said “he’s glad the thievery will stop.”
During his interview with police, he made a number of allegations against employees at the facility, saying they had been stealing from him for more than a year and that he believes his ex-wife has been working with employees to steal from him.
Payne also claimed he woke up with needle marks in his big toe and said employees were trying to drug and kill him, court papers said.
His claims have not been confirmed by investigations by Lafayette police and Adult Protective Services.
Police said Payne appeared to be lucid and clear-headed when questioned after the shooting, according to an arrest affidavit.
But after the charging hearing, Boulder County District Judge Andrew Hartman held a hearing for requests to appoint an emergency guardian and special conservator to make medical and financial decisions for Payne.
An attorney for the nominated guardian referenced a doctor’s letter attesting Payne has severe cognitive impairment.
“We feel the need for an emergency appointment, which under the statute can go for no longer than 60 days, arises out of the abrupt change in circumstance for Mr. Payne from the matters being addressed in the criminal case,” said attorney Brandon Fields.
He referenced Payne’s advanced age and his sudden change in living circumstances.
“And it seems unlikely he'll be able to return to his assisted living in light of the allegations and events that have taken place, and he may not have access to the same health care providers, and he may need other assistance with decision making,” Fields said.
Kay Jones, who serves as a guardian professionally, was nominated as Payne’s emergency guardian. She has had medical power of attorney for him.
But attorney Martha Ridgway, who appeared on behalf of the person requested to serve as Payne’s special conservator, said she believes a guardian for Payne is needed because Payne can revoke Jones’ power of attorney at any time.
Ridgway said Payne received a substantial settlement from a previous domestic relations case, but that he owes $32,000 to the Legacy. She said there is uncertainty about where Payne’s money is.
“The concern, obviously, is that someone needs to marshal his assets and … manage them and pay off this extraordinary expense to the Legacy assisted living facility,” Ridgway said.
Attorney Christina Ebner was nominated as Payne’s special conservator.
By law, emergency guardianships and special conservatorships last up to 60 days. Ridgway said she intends to petition for a permanent conservatorship for Payne.
Public defender Kathryn Herold, one of Payne's defense attorneys, objected to the appointment of a guardian, saying Payne is receiving good-quality medical care in the Boulder County jail by being housed in his own module and given around-the-clock care by two trustees.
She said she is concerned appointment of a guardian could negatively impact his criminal case.
“I do appreciate that everyone is here to help Mr. Payne, but not everyone is as well-versed in the criminal law, and that's where my specialty comes in and my concerns come in,” she said.
Hartman said he will issue a written order on the emergency requests.
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