A Cortez woman accused of first-degree murder and two counts of first-degree assault pleaded not guilty Thursday in 22nd Judicial District Court.
Nykhona Holiday, 20, appeared in court on charges in a homicide case that unfolded at Veterans Park near Cortez Welcome Center in August.
Although the defense and prosecution gathered to formalize a plea on Thursday, the parties revealed they are in discussions to reach a final settlement in Holiday’s case.
The hearing was largely procedural, centering on a schedule for the felony case as court proceedings and possible negotiations continue.
“We’ve had a number of what we would characterize as fairly substantive and serious conversations,” her attorney, Stephen Singer, told District Court Judge William Furse.
“I would characterize things as hopeful in terms of reaching resolution but we don’t have one yet,” Singer said.
Holiday is charged alongside Robert Salt for what prosecutors argue are gruesome, escalating assaults against three men in August, two whom have since died. The allegations involve significant violence in a public park central to Cortez, two allegedly intoxicated individuals and multiple witnesses who allegedly fled out of fear.
Curtis Benally, 40, died from blunt-force trauma soon after the incidents on Aug. 20, while Anthony Hill, 56, another alleged target of Salt and Holiday, was found critically wounded on the scene and died March 15.
A third man, Bilbert Tsosie, 61, was found unconscious by police with serious face wounds, but remains alive, District Attorney Jeremy Reed said on Thursday. Reed said at the prosecution hasn’t elected to charge for Hill’s death because the investigation remains active.
Testimony from a prior hearing described Salt stomping and standing on the victims’ heads in a manner the state alleges showed “extreme indifference” to human life. Police previously testified to finding extreme amounts of blood at the park.
Salt is charged with multiple counts, including first-degree murder, second-degree murder, and first- and second-degree assault, along with a habitual criminal count. Salt has a plea hearing set for 1 p.m. Wednesday.
Detective Charles Osborn testified at an earlier probable cause hearing that Holiday was present throughout the assaults and admitted participating. She told the detective that Salt coerced her into it by threatening her life.
She is charged with one count of murder involving extreme indifference and two counts of assault involving extreme indifference.
Under Colorado’s criminal code, in Revised Statutes 18-3-202(c), the legal term “extreme indifference” is used to allege circumstances of reckless and brutal conduct, showing extreme indifference to the value of human life that it creates a grave risk of death.
“I informed Nykhona that one of the individuals assaulted by Robert had died as a result of their injuries,” Osborn wrote in a report. “Nykhona appeared visibly upset upon learning this information. Nykhona then looked at me and said she was going to tell me the truth about what happened.”
Osborn testified Holiday then walked him through the events and drew a diagram of the park.
“Robert gets angry, aggressive and a bully when he drinks,” Osborn said, testifying about what Holiday told him.
Furse questioned whether prosecutors intend to try Holiday and Salt together. Reed said prosecutors have not made a final decision, though trying them simultaneously “makes some sense” because both cases, from the state’s perspective, involve the same evidence and witnesses.
Furse entered Holiday’s not guilty plea and scheduled an administrative setting conference for May 15 to determine a future trial date. Both parties agreed a future trial may take two weeks.
Reed told the court that setting an initial trial date would help move the case forward, particularly if the Colorado Bureau of Investigation is expected to accelerate parts of its work once a trial is in place.
“We are getting ever closer to something that I think would be acceptable to the people and workable for Ms. Holiday, but we’re just not there yet,” Reed said in court. “Our belief is that it’s likely this one does resolve.”
awatson@the-journal.com
