WARREN — One of the defendants facing capital murder charges in the Jan. 19 fatal fire on Nevada Avenue NW told a Trumbull County judge Wednesday he probably won’t be able to pay his $500,000 bond.

That fire killed 16-year-old Chassidy Broadstone.

Zachary W. Gurd, 23, of Youngstown, appeared in orange coveralls and stood by his court-appointed attorneys, Kevin M. Cafferkey and Mary Ellen Ditchey, for a pretrial hearing before Common Pleas Judge Cynthia Rice.

On March 8, the judge set bond for Gurd at $500,000, but prosecutors argued the case for no bond at a re-arraignment Wednesday.

Rice said she was reading the charges in their entirety against Gurd for the benefit of his new lead counsel, Cafferkey of Cleveland, who was not present at the first arraignment. Cafferkey and Ditchey are certified by the state to defend in capital murder cases.

Gurd also signed an affidavit of indigency, which made him eligible for the court-appointed attorneys.

At the first hearing, Ditchey had entered on behalf of Gurd not guilty pleas on two counts of aggravated murder with specifications that each carry death penalty-level sentences; two counts of attempted aggravated murder; two counts of aggravated arson; one count of aggravated burglary; and one count of tampering with evidence.

CAPITAL CASE

Rice, despite the objection from Ditchey, read the entire indictment against Gurd, who is charged with co-defendants Brendan Daviduk, 28, and Patricia Zarlingo, 27, also from Youngstown.

Rice said the aggravating circumstances that call for death penalty-level charges involve Gurd being accused of the murder while in commission of the felonies of aggravated burglary and aggravated arson.

Christopher Becker, assistant Trumbull County prosecutor, again asked Rice to deny bond because Gurd had fled after being charged and was a resident of Mahoning County. Gurd told the judge if he made bond, he would live with either his girlfriend or his father, who both live in Mahoning County. But he said: “I’m not going to make bail.”

Rice also read Gurd his constitutional rights for being accused of a capital offense, explaining he has the choice of either trial by jurors or a three-judge panel.

Becker also said the evidence against Gurd is strong, citing a video showing the defendant inside the home with a gasoline can in hand.

Rice kept bond at $500,000 with condition that if he makes it, he must submit to electronically monitored house arrest.

SPEEDY TRIAL

Gurd had fled to Virginia after he was named as a suspect in the fatal fire by Warren detectives. On Feb. 3, he was caught by U.S. Marshals shortly after leaving a Greyhound bus station in the Richmond, Va., area. He waived his right to an extradition hearing and was transported back to Ohio to face the felony charges. He was booked into the Trumbull County jail March 5.

Rice set a scheduling hearing for 2 p.m. April 5 so Gurd can get a chance to waive his right to a speedy trial or have a trial date set. In Ohio, defendants who are incarcerated must be tried within 90 days unless they waive that right.

The judge also went over the possible penalties Gurd would face if he was found guilty of the charges. If a death penalty is not recommended by either a three-judge panel or a jury, Rice said she can’t impose the death penalty on her own and must choose between life in prison without parole or life with chances at parole after 20, 25 or 30 years.

Gurd’s co-defendants also are housed in the county jail awaiting their next pretrial hearings May 31 before Judge Sean O’Brien.

The three are accused of starting the house fire that killed the Warren G. Harding High School junior and hospitalized her two sisters.

Members of Broadstone’s family were present in the courtroom for Wednesday’s hearing.