CAPITOLA, Calif.- With an attorney this time, but still no plea, Marcos Chavez will spend Christmas and the New Year behind bars, unless he can make the $1 million bail the judge set Thursday. Bail increased because prosecutors added a new charge.
"The murder was committed during the commission or attempted commission of a robbery and that changes the potential maximum sentence of this case from 25 years to life, to life without parole," said prosecutor Celia Rowland.
Investigators are working to confirm a lot of what Chavez told them about himself, the victim Aaron Carpenter, and how they knew each other.
"There are medical records being subpeonaed, there are patent paramedic documents being subpeonaed...Military records are being subpeonaed for both Mr. Carpenter and the defendant...And those relate to things that happened post-discharge from the military."
Prosecutors said Carpenter and Chavez were together earlier the night of the murder, eating and drinking at Cafe Cruz and at Cafe Mare, downtown Santa Cruz.
Investigators said they aren't done collecting evidence they believe will help explain why the night turned violent at Chavez's home on Virgil Lane, accusing him of brutally killing a fellow soldier with a clothing iron and knife.
"We're attempting to get videos and receipts to try and confirm the different locations that were visited that evening by both individuals," said Rowland.
Chavez will be back in court for his arraignment on January 5th, 2012.
