2 teens will stand trial in Southgate slaying

Oct 06, 2008 (The Gazette - McClatchy-Tribune Information Services via COMTEX) -- HMC | Quote | Chart | News | PowerRating -- A Colorado Springs teenager will stand trial on felony murder charges in connection with the shooting death of a man during a suspected botched robbery attempt, a judge decided Monday.

Fourth Judicial District Judge Barney Iuppa ruled prosecutors did not present enough evidence to support a first-degree murder charge against Anthony Moore, 18. But the felony murder charge Moore was sent to trial on carries the same penalty -- life in prison without parole.

First-degree murder requires pre-meditation, whereas felony murder applies when someone is killed during the commission of, or flight from, a felony crime, in this case attempted aggravated robbery.

Colorado Springs police allege Moore shot and killed Matthew Webb, 22, June 30. at the Copper Chase Apartments, 2041 Southgate Road. After the shooting, Webb drove his blue Honda car to the 7-Eleven at 1802 S. Nevada Ave., where it crashed. He was found dead there.

Steven Tyler Warden, 18, of Colorado Springs also faces a murder charge in connection with Webb's death. Prosecutors Friday asked his that bond be set at $50,000 and Iuppa agreed. Warden is now free on bail.

Detective Rick Gysin testified during the preliminary hearing that investigators found in Webb's car a .38-caliber revolver with five spent shell casings in it, a bloody hand-held taser, a can of pepper spray, about $1,200 in cash and a backpack loaded with 23 grams of psilocybin mushrooms and 362 grams of marijuana.

They also found a note in Webb's pocket that had Moore's phone number on it and directions to the Copper Chase Apartments, Gysin testified.

After initially lying to police, Warden eventually told detective Donald Chagnon that Moore came to him with "information about doing a robbery on a white guy." Moore was in the Honda with Webb when the shooting started and later said "the guy shot me, but I shot him too," Chagnon testified Warden told him.

Moore later showed up at Penrose Community Hospital with a gunshot wound. He told police he was shot in a drive-by on Airport Road, but his brother told police he was shot on Murray Boulevard, officer David Kester testified.

Deputy Public Defender Eydie Elkins argued there was no evidence that Moore was armed or that he took anything from Webb.

Iuppa agreed and dismissed the aggravated robbery charge but left the attempted robbery charge in place. He also denied Elkins' request for a bond to be set for Moore.

Moore pleaded not guilty to all charges and a trial was set for Feb. 9. He is being held without bond at the El Paso County Criminal Justice Center.

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Contact the writer: dennis.huspeni@gazette.com or 636-0110.

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