GREELEY, Colo. -- A judge Friday ordered a former Northern
Colorado backup punter accused of stabbing the starter in his
kicking leg to stand trial on an attempted first-degree murder
charge after details of the attack emerged during a hearing.
Starting punter Rafael Mendoza told detectives that his attacker
twice tried stabbing him in the chest, including once when he was
lying on his back in the parking lot, Evans police investigator
George Roosevelt testified.
Mendoza said the attacker stabbed him in his kicking leg with an
underhand motion after a blow to the back of his head knocked him
to the asphalt, forcing him to push the assailant away by sticking
both feet into the man's abdomen, Roosevelt testified.
Mitch Cozad of Wheatland, Wyo., faces charges of attempted
first-degree murder and second-degree assault in the Sept. 11
attack on Mendoza. Police have said they believe Cozad stabbed
Mendoza in an attempt to get the starting job.
Details of the attack, including the name of a man who waited in
a nearby vehicle, hadn't been released because Weld County District
Judge Marcelo Kopcow issued a gag order. He lifted that order
Friday.
Kevin Aussprung testified that his dorm mate offered to pay him
$100 to do him a favor: take care of the car while Cozad took care
of "some business" at an apartment complex.
He testified that he kept asking what was going to happen, but
eventually reached the point where "I didn't want to know." The
favor required Aussprung to wear a black hooded sweat shirt, black
sweat pants and black shoes, which were provided by Cozad,
according to unsealed court documents.
Aussprung told detectives that Cozad wanted to play in the
out-of-state game at Portland, Ore., two days before the attack and
that he was upset at Mendoza for "messing up his kicking
numbers." He testified that 15 to 20 minutes after arriving at the
complex's dimly lit parking lot, Cozad came running back to the car
and said they had to get out of there.
In an affidavit, Aussprung also said that Cozad placed what
appeared to be a knife inside of a plastic bag.
No charges have been filed against Aussprung. Police and
prosecutors did not immediately return messages seeking comment.
Aussprung, contacted by cell phone, declined to comment beyond
his testimony and hung up.
Mendoza was ambushed in a dimly lit parking lot at his apartment
complex and suffered a 3- to 5-inch deep knife wound in his kicking
leg. The attack drew national attention and comparisons to the
assault by Tonya Harding's hit man on Nancy Kerrigan.
Cozad is free on $500,000 bail. If convicted, he could face up
to 48 years in prison.
Joseph Gavaldon, Cozad's lawyer, filed a motion in November to
keep the preliminary hearing closed to the public, but Kopcow ruled
that Cozad did not show any evidence that his right to a fair trial
was endangered.
Cozad was kicked off the football team and suspended from the
university.
During the hearing, Gavaldon tried shifting blame to Aussprung.
"I think more questions were raised than answers as a result of
his limited testimony," Gavaldon said after the hearing. "I don't
think it's difficult to understand that he fits the description of
the assailant."
Gavaldon also said the severity of the charges is unwarranted.
"The district attorney's office has more powers than the
pharaohs of Egypt and emperors of Rome, I'm just one man."
A trial date had not been set. Another hearing to discuss
evidence was scheduled for Feb. 6.
Mendoza returned to the team two weeks after the stabbing and
averaged 39.9 yards on 56 punts. In an October interview, Mendoza
said he's still constantly glancing over his shoulder.
Even so, he said he already had forgiven the person responsible.
"You can't hate in your heart," Mendoza said. "He did what he
did. He did whatever to his own life, and to mine, but he's going
to pay for it. All I can do is forgive him and move on."