Sun, May 11, 2008
Joseph Tylutki

Tucson Region

Bail raised to $500K after suspect re-arrested

By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 02.21.2008
A Tucson murder suspect was re- arrested Wednesday after a Pima County prosecutor presented evidence he participated in two drive-by shootings while out on bail.
Judge Barbara Sattler said she believes Joseph Tylutki, 19, is a "substantial risk to the community" and set a new bail amount of $500,000.
Tylutki is accused of shooting Vincent Bohlman on Nov. 27. He was out on a $25,000 bond at the time of the two Feb. 3 drive-bys.
Late last week, Deputy Pima County Attorney Dan Nicolini filed a motion asking Sattler to increase Tylutki's bail or hold him without bail because he was named as a suspect in two new crimes.
The prosecutor didn't elaborate but asked Sattler to set a hearing and said he would provide police reports then.
In the meantime, the Arizona Daily Star obtained a search warrant affidavit detailing one of the incidents. Those documents showed Morris Herring called the Sheriff's Office on Feb. 3 to report that Tylutki had shot at his home after he was told he wasn't welcome there.
On Wednesday, Nicolini gave Sattler the police reports on that incident and a second drive-by shooting an hour later that he said also involved Tylutki.
"I'm afraid of this man," Nicolini said. "I think he's a dangerous nut case who needs to be locked up."
Both Sattler and defense attorney Michael Bloom expressed irritation that Nicolini did not provide the police reports sooner, complaining they had learned more about the allegations from the newspaper than from the prosecutor.
Bloom said Nicolini violated the rules of procedure and his motion should be denied.
The defense attorney told the judge Tylutki had visited both homes to get contact information for witnesses in his murder trial. If the police had evidence to arrest Tylutki for the shootings, they would have, Bloom said.
In addition to Herring's testimony, Maria Lindow told the court she got into a verbal altercation with Tylutki after he came to the house of a friend of hers near North Campbell Avenue and East Adelaide Drive.
Lindow explained she had been a good friend of Bohlman, the 19-year-old man Tylutki is suspected of killing, and she was upset Tylutki had come to the house. During the confrontation, Lindow testified Tylutki told her she had "better watch her back."
Fifteen minutes after Tylutki left, Lindow said she and her friends heard a "very loud da da da da da sound" toward the front of the house.
The next morning, Lindow said they realized the house and her car had been shot at. Police found a round that had traveled through two front doors into a computer chair, Lindow said.
Under cross-examination, Lindow admitted she hates Tylutki, and after Bohlman died she posted a message on Tylutki's social networking Web page saying, "You deserve to be in the ground you fat, sick (expletive)."
Sattler also heard from Tucson police detective Michael Carroll who provided more details on Bohlman's death.
Carroll testified that Tylutki said Bohlman was pressuring Tylutki to come back into a drug-selling business with him.
Tylutki said Bohlman owed people drug money and he needed Tylutki to start selling drugs again, Carroll said.
The two argued, and he shot Bohlman after Bohlman pulled a knife on him, Carroll quoted Tylutki as saying.
A knife was found in Bohlman's bloody palm, but because there was no blood on the knife, Carroll said he thought the knife was planted.
Under cross-examination, Carroll said he was not aware that before his death Bohlman was accused of trying to collect a drug debt through violent means.
The person from whom he was trying to obtain the debt was the same person Lindow testified Tylutki was looking for Feb. 3, Bloom said. That person could be called as a potential defense witness during Tylutki's murder trial.
Before agreeing to raise Tylutki's bail, Sattler criticized the prosecutor's handling of the request. She also said she was offended Nicolini compared Tylutki to Virginia Tech gunman Cho Seung-Hui, who killed 32 people last April.
Sattler originally set Tylutki's new bail at $250,000 but raised it to $500,000 when Nicolini objected and said he wanted it set at $1 million.
Whether it was $250,000 or $250 million, Bloom said Tylutki's parents wouldn't be able to raise it.
● Contact reporter Kim Smith at 573-4241 or at kimsmith@azstarnet.com.