A request by the defense to modify bond and a protection order for Jay Reece Embry was denied Wednesday by Fremont County Magistrate Michael W. Meyrick.

Embry is accused of causing head injuries to his brother, Judson Embry, Oct. 8 with a shotgun.

Judson Embry initially reported his brother had shot him but has since recanted that accusation. 

He asked the court, through his brother’s attorney, to reverse a no-contact protection order, which would allow Jay Embry to live at the family home.

He was unable to attend court due to illness. 

Deputy District Attorney Stacy Taylor told the court her office’s policy is to not address bond modifications nor protection order modifications without the victim being present.

Meyrick said there were too many cases pending against Jay Embry in other jurisdictions for him to do either at this time.

The matter is scheduled to be revisited at 1:30 p.m. Nov. 24 in Division 4 Court in Fremont County, when a preliminary hearing is set in the case.

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