One of the men allegedly involved in a recent fuel theft in Steamboat Springs reserved the right to a preliminary hearing in a status conference Wednesday, despite his defense counsel’s concerns about the District Attorney’s Office failing to provide all evidence in the discovery process.

Onsel Perez Palacio, 29, remains in custody at the Routt County Jail and will enter a preliminary hearing next month, which will determine if there is enough evidence to take the case to trial.

On Dec. 5, Perez Palacio and David Caboverde, 22, were arrested for allegedly stealing over 6,000 gallons of fuel from the Steamboat Springs Pilot 24-Hour Pay at Pump gas station.

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Only one week later, a third man was arrested for allegedly stealing around 500 gallons of fuel from the same gas station.

According to police Detective Sgt. Sam Silva, fuel theft is often “linked to large organized crime and gangs.” 

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Perez Palacio’s attorney, public defender Chris Hamsher, requested in a previous bond hearing that the court disregard the comments about Perez Palacio’s alleged involvement with organized crime, as well as comments about his potential for violence, because they were “speculative” and “without factual basis.”

During Wednesday’s status conference, Hamsher requested that Deputy District Attorney Joseph Bucci confirm that the District Attorney’s Office is working with law enforcement to “provide all discovery” in the case.

According to the American Bar Association website, discovery is a formal process where the defense and prosecution exchange all information regarding evidence and witnesses before a trial.

This process is “designed to prevent ‘trial by ambush,'” where one side is not provided all information in a case and therefore cannot properly respond to information presented in court, according to the website.

Hamsher added that evidence, particularly body camera footage of other fuel theft incidents, would be “clearly exculpatory.”

In response, Bucci stated that “there’s a lot to unpack there” and Steamboat police are continuing to investigate the local fuel theft incidents.

According to Bucci, police are documenting the investigation and are sending reports to Perez Palacio’s defense counsel.

Routt County Judge Erin Wilson stated that she would not “litigate discovery disagreements” at that time, but Hamsher could file a motion for sanctions, which would request the judge to penalize the District Attorney’s Office for misconduct.

Hamsher noted that it would be in the court’s interest for all evidence to be provided to the defense so that the preliminary hearing does not have to be pushed to a later date. 

Steamboat Pilot & Today staff requested comment from Hamsher, however, he did not respond before the deadline for this newspaper.

Perez Palacio’s preliminary hearing is scheduled for 3 p.m. Feb. 10.