Tyson Collins enters the First Judicial District Courtroom of Judge Mary Marlowe Sommers Monday afternoon. Photo by Maire O’Neill/ladailypost.com
A 24-year-old Washington state man was granted conditions of release Monday in First Judicial District Court in Santa Fe despite appeals from Deputy District Attorney Kent Wahlquist that he remain incarcerated pending trial.
Tyler Collins was charged Oct. 10 with child solicitation by electronic communication device, sexual exploitation of children and criminal communication with a child. He was taken into custody July 26 by the Centralia Police Department in Lewis County, Wash., and was finally extradited earlier this month to Los Alamos.
The charges are related to his alleged contact with a 15-year-old Los Alamos girl. Collins allegedly made contact with the victim after she posted on an app called “Whisper” asking for log-in information for Netflix.
Judge Mary Marlowe Sommer handed down her decision following a dangerousness hearing where Wahlquist presented almost 40 exhibits including documents showing messages and photos sent by Collins and the victim in the case.
Wahlquist said evidence of dangerousness in the state’s case is strong.
“Even on electronic monitoring he can be sitting at his computer trolling the Internet for underaged girls just has he did with this victim,” he said. “He poses a flight risk. He’s not from Los Alamos. He fought extradition. It took several weeks to go through the process to get him here.”
Wahlquist said he didn’t know what electronic monitoring services are available in Centralia, Wash.
“Even if there were electronic monitoring, nothing could keep him from the Internet. He is a danger because of that. He knew she was 15 and he escalated it with asking for videos. It got worse and worse,” he told the Court. “There are no reasonable conditions of release that can guarantee the safety of the community because he can get on the Internet wherever he is unless he’s in jail.”
Collins’ attorney Greg Camp pointed out to the Court that there was no alcohol or drugs involved in the case and that it was clearly not a violent crime. He said the term “15” was used but not “15 years of age” and that he had not heard any testimony from the officer that he verified the girl’s age. He said Collins had been employed with a distribution center for five years and had no criminal history and that there is “no showing of physical or mental issues with him”.
“He is only in New Mexico because the state brought him here and now they want to keep him here without bond because they believe he is a danger. Mr. Wahlquist is trying to argue that he could be on the Internet and be a danger to other people throughout the country. Well we don’t represent the other people and the country. We represent the people of New Mexico,” he said.
He told Judge Marlowe Sommer that she has indicated to previous clients that they should have no Internet access to computers whatsoever. He said the Court could impose some kind of cash bond to make sure of Collins’ return.
“But to sit there and say he’s a danger to the community … I just don’t see where the dangerousness comes into play. And as far as him being a danger in the community here, he’s never been in New Mexico until the state brought him here,” Camp said.
“The idea that we can’t protect other people in the country is not true,” Wahlquist responded.
“We are not required to protect other people in the country,” Judge Marlow Sommer said.
“We are required to protect the community and the community includes children, where he could have access to them on the Internet. It includes the child in Los Alamos,” Wahlquist said.
Judge Marlowe Sommer said the state had not met its burden and that she was going to release Collins on conditions that would protect the victim and the community.
“In Los Alamos we had a case and they were able to monitor whether the defendant had access to websites. I would certainly invite law enforcement to contact the Attorney General’s Sex Offender Division because they can tell you how and you can get in touch with people in Washington state,” she said.
Under the conditions of release Collins can have no contact with and must stay 25 yards away from any person under the age of 18. He also was ordered not to go on “minor-accessing websites” including but not limited to Facebook, Whisper and Peer to Peer. He was told to refrain from alcohol and illegal drugs and to submit to random urinalyses and breathalyzers in Washington state. No bond was imposed.
Collins is scheduled to appear for a preliminary hearing Oct. 27 before Judge Pat Casados in Los Alamos Magistrate Court.
