Earlier this month, a suspect in a savage attack on basalt obtained permission from a judge to go abroad for treatment in a drug treatment program for American veterans.
According to a motion filed by Daniel Weststein’s lawyer, Michael Fox, Daniel Weststein was hospitalized for 90 days at the Desert Hope Addiction Treatment Center in Nevada.
"Desert Hope Addiction Treatment Center has a professional program that pays tribute to rehabilitation. They provide treatment for co-occurring disorders for veterans whose lives become uncontrollable due to substance use and mental health challenges (such as post-traumatic stress disorder). ," the motion said.
Wettstein was arrested on August 28 when multiple police agencies surrounded his residence in Willits Townhomes in Basalt. After a bleeding man who was allegedly beaten jumped out of the window of his residence and asked for help, the police were called to the scene. He told rescuers that there were weapons in the residence, so they responded cautiously.
Wetstein surrendered without any problem. His roommate Mufasta Muhammad didn't get out of the townhouse until the SWAT team came.
Wetstein was charged with three counts of first-degree assault, one count of second-degree kidnapping, two counts of second-degree assault, three counts of threats, and one count of illegal imprisonment.
He was released on bail from Eagle County Prison shortly after the incident. His bail condition is not to leave the area without permission. The Office of the Prosecutor of the Fifth Judicial District did not oppose his motion to go to the treatment center. A judge approved the request on December 10. Wetstein traveled to Las Vegas on December 11 to participate in the treatment plan. He promised to submit an extradition waiver to ensure that he will return to Colorado to resolve his court case.
The motion stated that he was honorably discharged from the army after four years of repeated overseas visits.
"During his military career, he has won many medals and honors, namely, the Army Commendation Medal, the Army Good Conduct Medal, the Defense Service Medal, the Global Anti-Terrorism War Service Medal, the Korean Defense Service Medal, and the Campaign Star Medal for the Battle of Iraq. And the Army Service Ribbon," the motion said.
The motion stated that after leaving his job and "going home" in 2011, Wetstein was diagnosed with post-traumatic stress disorder and received treatment. After being arrested this year, he restarted medication and mental health treatment at the Veterans Administration Medical Center in Grand Junction, and tried to enter the inpatient treatment program.
“Due to the COVID-19 pandemic and Mr. Weststein’s unrelated health issues, efforts to enter a veteran-funded hospitalization program have been delayed,” the motion said.
Wetstein was scheduled to appear in court on Monday for a preliminary hearing. Fox dropped the hearing on Friday. The immunity said Weststein admitted that there was sufficient evidence to determine the probable cause of the alleged crime.
In another development of the case, a judge signed an order requiring the district attorney to save all physical evidence collected from the alleged victim in the case. The evidence includes blood samples collected from the scene and a metabolome test at Gujing Hospital.
A Fox motion stated that blood samples are "critical to Mr. Weststein and his defense."
Fox argued that laboratory results showed that the victim's body contained alcohol and cocaine. It also indicated that he allegedly used methamphetamine, which he denied when interviewed by the prosecutor in the Wetterstein case. Wettstein's lawyer wants to keep the blood of the alleged victim to determine how much methamphetamine is said to be in the victim's system.
"The (victim) use of methamphetamine and the extent of its consumption seriously affected the reliability of his description of the events that occurred on August 27, as well as his overall credibility," the motion stated.
It went on to say that they plan to conduct independent evaluation and testing of blood samples. A judge signed the order in October.
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