By Katharhynn Heidelberg
Journal Staff Writer
Cortez, CO, June 13 - Dante Sena, the Cortez man accused of shooting Melissa Elliott one week ago, was advised on a charge of first-degree attempted murder charge, a felony, in county court Wednesday.
Judge Christopher Leroi read Sena his rights and the charge. Sena quietly replied, "No, sir," when Leroi asked if he had any questions.
District Attorney Joe Olt had originally planned to charge Sena with both attempted and first-degree premeditated murder, but changed his mind late Monday when he had greater assurance that Elliott, who was severely wounded in the shooting, would not die.
If convicted of attempted murder, Sena will face between eight and 24 years in prison. He could also be fined up to $1 million.
According to Olt, if exacerbating circumstances can be proven, the sentence could be as much as 48 years.
The shooting occurred last Thursday night when separate vehicles driven by Elliott, 35, and Sena, 41, who were acquainted, collided on Fifth Street, reportedly as a result of him deliberately ramming her car. Nearby residents said they heard the collision, followed by gunfire, as Sena allegedly got out of his vehicle with a shotgun and fired into Elliott's car through the windshield.
Police have revised their earlier report that four shots were fired. "There were three shots," said Cortez Police Detective Sgt. Jim Shethar.
Elliott was wounded in the face, neck and arm, and also sustained a knife injury in her throat area. She was in critical condition for several days at St. Mary's Hospital in Grand Junction, but her condition has since stabilized, according to several reports.
"She's holding her own," her father-in-law Lonnie Elliott told the Journal before court Wednesday. "But it's an uphill battle."
Reportedly, Melissa Elliott was due for surgery on her arm Wednesday, and there were concerns about an apparent infection.
Rumors about the victim's condition haven't helped matters, according to her mother-in-law, Louise. "They (medical professionals) say she's going to make it," she said Wednesday.
"She (Elliott) is never going to recover from this," Shethar said Tuesday, speaking of potential long-term damage to Elliott's quality of life and her emotional well-being. He could not comment about her specific injuries.
Police have declined to comment on a motive for the attack.
According to court records, in 1997 Sena, who at the time was manager of the Montezuma County fairgrounds, received a deferred judgment for domestic violence. A deferred judgment is issued when the accused pleads guilty to charges, and "keeps his nose clean," explained Olt.
Conditions of deferral can include payment of fines, abstaining from alcohol, having no traffic violations, tickets, etc. The conditions of Sena's deferment were not available as of press time.
A preliminary hearing concerning the attempted first-degree murder charge has been set for July 10 at 2:30 p.m.
Cards may be sent to Melissa Elliott care of St. Mary's Hospital, 2635 N. Seventh St., Grand Junction, CO 81501.
Thanks for update, trussell.
Bump!
He should be facing a firing squad. With no blindfold. And a menthol cigarette. And uncomfortable shoes.