An attorney for Anthony Apodaca asked a court Thursday if his client could get out of jail for a few days to be with his wife, who is about to give birth.
Defense attorney Patrick Heng made the request in Lincoln County Court, where he reminded the court that Anthony, 24, is only charged with aiding and abetting in a rape case against he, his father Virgil G. and brothers Jeromy and Virgil Jr. Apodaca, as well as Anthony Nunnekamp.
The rapes allegedly occurred in May. The Apodaca's have been jailed on $1 million bonds since they were arrested.
Heng told the court that Anthony’s $1 million bond is so high it’s impossible for him to post the required 10 percent.
Deputy Lincoln County Attorney Jennifer Wellan objected to allowing Apodaca to be released to be with his wife when she gives birth.
"The charges are very serious and I don’t think it would be in the interest of public safety,” Wellan said.
Lincoln County Judge Michael Piccolo agreed. He said he couldn’t adjust the amount of the bond until a preliminary hearing is held.
The county attorney’s office has repeatedly asked for more time to prepare for the cases against the Apodacas and the court has granted those requests, delaying opportunities for the Apodacas to formally request a lower bond.
One of the other suspects, Anthony Nunnenkamp, 28, of North Platte was also in court Thursday.
Nunnenkamp was arrested Nov. 5 after DNA tests came back from a lab and indicated he was involved in at least one of the alleged rapes.
His case too was delayed Thursday. He was scheduled for a preliminary hearing. Defense attorney Ryan Wilcox said he was ready to proceed, but Wellan said her office is still waiting on some reports from law enforcement.
Wilcox took the opportunity to ask for a bond reduction for Nunnenkamp, from $100,000 to $50,000, but Wellan objected, saying the bond is already very low for someone charged with first-degree sexual assault.
Piccolo declined the request, noting he could not reset the bond before the preliminary hearing.