Bail stays at $500k for Malden murder suspect

A request to reduce the $500,000 bail for Frank G. Lazcano, one of two brothers charged with first degree murder, was denied by Judge David Frazier in superior court Friday morning. The judge said his understanding of the evidence which has been presented to the court in prior motions and applications for warrants support a decision to keep the bail sum at $500,000.

Frank Lazcano, 24, and Daniel Lazcano, 21, have remained in jail under $500,000 bail conditions since they were arrested following the discovery March 25 of their alleged victim, Marcus Schur of Rosalia. The bail amount was set by Judge Frazier April 2 during a first appearance in court following their arrests.

Defense attorney Steve Martonick asked the court to reduce Frank Lazcano’s bail to $75,000. He said Lazcano could possibly post bail at $75,000, but he has no way of posting a $500,000 bail.

Martonick said he believes Lazcano will show up for trial. He pointed out his client originally turned himself into the sheriff’s office when he learned he was a suspect in the initial court action on the case. He said Lazcano has a new baby and needs time outside of custody to prepare for trial.

Prosecutor Denis Tracy asked the court to keep the $500,000 bail in place. He noted Lazcano faces a possible conviction on a first degree murder charge which could result in a maximum term of life in prison.

Tracy also pointed out when Frank Lazcano first turned himself into the sheriff’s office he was facing a lesser charge because at that time deputies did not know the whereabouts of Schur. His body was discovered in the outlet creek at Bonnie Lake March 25. The county coroner determined the cause of death was bleeding from multiple gunshot wounds.

Schur had been missing since Dec. 27 when Frank Lazcano allegedly chased him out of the back of a residence in Malden. While deputies were investigating the report, Frank Lazcano turned himself in and later was convicted of trespassing.

Judge Frazier Monday said allegations made against Lazcano in pre-trial hearings and motions point to a possibility that Lazcano, if allowed pre-trial release, could take some sort of action to interfere with witnesses and evidence which will be presented at trial.

“How do I arrive at any other conclusion?” the judge asked.

He noted the motive for the alleged murder has been described as revenge. Burning of the car officers said was used to transport the victim and disposal of the alleged murder weapon, a rifle Spokane deputies recovered from the Spokane River were among reasons bail was set at $500,000, the judge said.

Frank Lazcano’s trial has now been scheduled for Feb. 11, and Daniel Lazcano’s trial has been slated for Feb.25. Both have waived speedy trial rights prior to re-scheduling of the trial dates.

Daniel Lazcano, who has also made informal requests for a reduction of the bail, is represented by Mark Monson.