POSTED: Wednesday, December 4, 2013 - 8:53am
UPDATED: Wednesday, December 4, 2013 - 10:02am
El Paso, TX (KTSM) — Jeffrey Farrey, the father of missing 5-month-old Jackson Farrey, had his first day in an El Paso court Tuesday morning. Farrey stood to the left of his attorney wearing an orange and white striped jumpsuit with his wrists and ankles shackled.
Farrey was in the Magistrate Court Tuesday requesting a reduction in his bond. He is currently being charged with injury to a child by omission on a $1.5 million bond. His attorney, Joe Spencer was requesting a reduction in the bond to $50,000.
During the hearing, Assistant District Attorney Penny Hamilton revealed that the body of 5-month-old Jackson Farrey had been buried in the desert near Orogrande, New Mexico for approximately one month before authorities found him.
During the hearing, Hamilton told the judge that Jeffrey Farrey led authorities to baby Jackson's body, but after the hearing, Spencer said he could not confirm that.
Spencer said he believes the autopsy will show that baby Jackson died of malnutrition.
"I think that the autopsy is going to show that the baby died of malnutrition. I don't believe there's going to be any injuries, blunt force trauma, or any type of injuries to that child," said Spencer.
An official cause of death for Jackson has not yet been determined. Hamilton told the judge the autopsy will be completed in a few weeks because additional tests were required.
Hamilton said during the trip to the Midwest where Jeffrey and Jenna Farrey were found and arrested, Jeffrey admitted to his parents that after baby Jackson died, he and his wife drove to Otero County in New Mexico and buried his body.
"Jeffrey's been cooperative with everyone. He's been very forthright. He knows he had nothing to do with the death of his youngest son, Jackson, and he's been very cooperative," said Spencer.
Spencer also said Jeffrey Farrey remains on suicide watch.
Spencer argued Jeffrey was not a flight risk and told the judge he waived his right to extradition in Michigan, and voluntarily returned to El Paso. Spencer said Jeffrey was in the Midwest to try to arrange for one of his family members to take custody of 19-month-old Blake Farrey. Hamilton said Blake was extremely malnourished when he was taken into the custody of Child Protective Services in Michigan.
Spencer said the typical bond for the charge Jeffrey is facing is usually $50,000 in El Paso County, and that is why he requested the bond to be reduced to that amount. Spencer argued that the current bond is excessive, considering his client is still in the military and has no criminal history.
Hamilton argued that Spencer should be considered a flight risk since he has no familly in El Paso, and his only connection to El Paso is the military. Jeffrey Farrey is facing an Absent Without Leave, AWOL, charge with the military.
The judge said he will reconsider the bond reduction once the autopsy is complete.
In the meantime, Spencer has filed a motion for examining trial, in which the state has to present evidence for probable cause. That hearing is scheduled for December 12.
Jeffrey Farrey and his wife Jenna, along with their two children Blake, 16-months, and Jackson, 5-months, were reported missing November 15th after Jeffrey Farrey failed to report to his post at Fort Bliss. The family was found three days later in Escanaba, Michigan, but their 5-month-old son Jackson was not with them. Four days later, on November 21st, police were led to the remains of a baby's body buried in the desert near Orogrande, NM. It is still unknown who or what lead police to the location in the desert. The body was taken to the University of New Mexico for autopsy, and the results of the autopsy and confirmation that the body was that of Jackson Farrey's is still pending.
Meanwhile, in Escanaba, Michigan, the extradition process for Jeffrey Farrey's wife, Jenna began on Tuesday morning. El Paso County Sheriff's Department confirmed early Tuesday morning that a Sergeant and Deputy are in Delta County, Michigan processing the paperwork to bring Jenna Farrey back to El Paso County via airplane Tuesday afternoon.