The District Attorney's Office is currently accepting applications for the Fall, 2009 Citizens' College course. This free nine week program provides an in-depth understanding of the legal system and the District Attorney’s role in that process. Accepted applicants will gain insight into the complex and varied roles of the District Attorney's Office, the functioning of many specialized programs in our judicial system, and an understanding of criminal proceedings from the time of arrest to post conviction motions. In addition, students will learn about alternative routes in the judicial process and resources available to victims of crime. This course is recommended for any citizen who would like in¬sight into the practical proceedings of the 4th Judicial District Attorney's Office. Classes will be held on Wednesday evenings from 6:00 to 9:00. The session will begin September 9, 2009 with a registration deadline of August 1, 2009. Class size is limited, so those interested are encouraged to apply on-line at www.4thjudicialda.com or contact Shelly LaGrill at 520-6169 to request an application.
District Attorney Dan May is pleased to announce that Kim L. Kitchen was appointed Chief Deputy District Attorney on July 1, 2009. Ms. Kitchen will oversee County Court cases prosecuted in the El Paso and Teller County. The caseload is approximately 30,000 cases per year. Kim is a career prosecutor with 24 years of experience. Kim started at the District Attorney’s Office in 1985 working in the County Court Division prosecuting scores of traffic and misdemeanor cases. In 1986, Kim moved up to District Court where she prosecuted countless felony and high profile cases. In 1989, Kim moved into a Team Leader position where she trained, supervised and mentored a team of four attorneys’ and two support personnel. In 1991 Kim became the head of the Crimes against Children Unit where she reviewed, filed and tried felony cases involving child victims. Cases included incest, sexual assault against children and child homicide. In 1996 Kim returned to District Court as a Team Leader until she accepted a position in 2005 at the Durango District Attorney’s Office where she worked as a Deputy District Attorney, Assistant District Attorney and was appointed District Attorney by the Governor. <.br> In January 2009, Kim accepted a Senior Deputy District Attorney position and returned to the Fourth Judicial District Attorney’s office where she supervised a team of attorneys and support personnel. As Chief, Kim will be taking the place of retiring Chief Deputy District Attorney Doug Miles who was over the District Attorney’s Office County Court Division. A Swearing-in ceremony will be held Tuesday, July 7th, 2009 at 4:00 p.m. at the District Attorney’s Office.
Sebasti Adams has turned in a letter of resignation to the District Attorney’s Office. The D.A.’s Office accepted the resignation effective May 21, 2009. The Colorado District Attorney’s Counsel is still in the process of assigning a Special Prosecutor to handle the case. For further inquiries as to the nature of the resignation, please contact Ms. Adams representative Pat Mika at 473-1500.
The 4th Judicial District Attorney’s Office has received information that “Travelers” are working the Colorado Springs and El Paso County area. The Travelers are called this because they are a group of scam artists who go from town to town across the nation offering cheap home repairs each spring. Typically they knock on doors and approach people in their yards. They may claim to have extra materials left over from a job up the street. One thing is for sure, the work will be poor quality work if the work is done at all. They generally offer to repairs roofs, cracks in sidewalks or driveways. Travelers seem to prey upon the elderly, who may be more apt to be home during the day when they are looking for their next victim or who may be more easily intimidated. Travelers ask for the money up front and often use high pressure tactics. They may look like they are working and may even get up on the roof with a hammer and make banging noises to convince the victim they are working. In years past we have even seen Travelers “treat” wood shingles with flammable chemicals, claiming to be treating the roof with a fire retardant. These scam artists are very convincing and it is easy to become a victim. Be on the look out for these door to door con artists. They drive new trucks with out of state plates or temporary tags. For audio clip: click here
Stephan J. Meylan, 54, one of the 4th Judicial District Attorney’s Office Most Wanted Fugitives, was captured in Tucson, Arizona on Friday May 1st, 2009. Meylan is alleged to have fraudulently obtained nearly $3.5 million from banks and private investors to develop real estate properties. It is also alleged that Meylan utilized fraudulent Deeds of Trust to perpetuate a scam and then fled the State of Colorado. Investigators from the 4th Judicial District Attorney’s Office had received several complaints from individuals alleging fraud concerning real estate transactions involving Meylan. An arrest warrant charging Meylan with Theft, Securities Fraud, and Forgery was issued on April 10, 2009, with a bond set at $1,000,000.00. Meylan allegedly fled Colorado on September 19, 2008. Meylan was placed on the 4th Judicial District Attorney’s Office Most Wanted List in April. After Investigators discovered that Meylan had fled the state an investigation was launched to try to discover his whereabouts. Information was developed that he may possibly be in Tucson, Arizona. Acting on information supplied by Investigators from the 4th Judicial District Attorney’s Office, U.S. Marshal’s and Task Force Officers from the WANTED Task Force in Tucson, Arizona set up a surveillance and were able to locate Meylan at a local business where he was arrested late Friday afternoon. Meylan was booked into the Pima County Jail awaiting extradition to Colorado. David Gonzales, United States Marshal for the District of Arizona, praised the apprehension stating, “In these challenging financial times, the public should take comfort in knowing that fugitives of economic crimes are pursued as well as the violent offenders”. The charges in this case are merely accusations and Meylan is presumed innocent until proven guilty in a court of law. For audio clip: click here
On April 22, 2009, Deputy District Attorney Jeff Harwood was presented the 2008 Prosecutor of the Year Award by the Drug Enforcement Administration. Assistant Special Agent in Charge Kevin Merrill from the Denver Field Division, along with Sean Waite, Colorado Springs Resident Agent in Charge presented the award. This annual award honors one outstanding prosecutor who is recognized for their work in prosecuting cases investigated by the DEA. The DEA Rocky Mountain Division oversees investigations in Colorado, Wyoming, Utah and Montana. Jeff Harwood was selected from nominated prosecutors, at the state and federal level, from those four states. Jeff has been with the 4th Judicial District Attorney's Office for 5 years where he has prosecuted countless cases. He was assigned to the local branch of the DEA in spring 2007. In 2008, the DEA Colorado Springs Resident Office initiated 26 felony drug investigations. Those cases involved the court authorized interception of 49 cellular telephones used by drug transporters and distributors, the felony arrest of 55 people, the seizure of 185 kilograms of drugs, and the forfeiture of $934,000 in cash and assets. “It is a privilege to work side by side with the agents and task force officers of the Southern Colorado Drug Task Force, and I am extremely honored to be recognized by the DEA for my part. The partnership between the 4th Judicial District Attorney’s Office and DEA has been very successful in combating international drug trafficking organizations and I look forward to continuing my work with them” said Harwood. District Attorney Dan May states “These cases are extremely time consuming and labor intensive. Jeff has demonstrated a sincere dedication and stellar attitude towards this partnership with DEA and the successful prosecution of these cases. We are very proud of him”.
Forty seven volunteers at the 4th Judicial Office of the District Attorney will receive Presidential Service Awards on Thursday, April 23, 2009 at a special recognition event to be held in the East Library, at 5550 North Union Boulevard in the three community rooms from 1:00-3:00 pm. The Presidential Service Award is a prestigious service award given to volunteers who have given, in the young adult to adult category; 100-4,000 hours of volunteer service. There are three Lifetime, seven Gold, eighteen Silver and nineteen Bronze Award recipients which will be presented by District Attorney, Dan May, Assistant District Attorney, Dan Zook, and Volunteer Program Manager, Gwen Stein, at the event “We're very proud of, and proud to honor, the wonderful volunteers who serve our community in our office. Each of them takes time from many commitments, to invest in making our community a safer place," said May. “We have over 100 volunteers that we will publicly thank for their service." The Presidential Service Award was established in 2003 to honor volunteering in our communities which sets a standard for service, encourages a sustained commitment to civic participation, and inspires others to make service a central part of their lives. The President’s Volunteer Service Award recognizes individuals, families, and groups that have achieved a certain standard – measured by the number of hours of service over a 12-month period or cumulative hours earned over the course of a lifetime. "Our volunteers comprise over one-third of the staff that serve here each day. We truly could not do the great work we do without our volunteers," said Stein.
District Attorney Dan May announced today that his office has received a $10,000 donation from the El Pomar Foundation. May states these funds will be used as a scholarship program to help disadvantaged youth who are entering the Juvenile Diversion program pay for program fees. The Juvenile Diversion program is designed for first-time offenders who demonstrate a desire to turn their lives around and stay out of trouble. May reports this program has been extremely effective, with about 85% of the participants never getting into trouble again. This program had been targeted to be cut due to budget shortfalls. In order to save this program The District Attorney’s Office is charging fees to the juveniles who enter the program and is also seeking private donations. El Pomar’s gift is the first private donation received. District Attorney May adds “Our diversion program is successful because we expect these kids to succeed and they are held accountable for their behavior. We give youth the opportunity to make amends to their victims and show the rest of our community that they have something positive to contribute. An average of 1200 youth enter this program per year and by successfully completing it, they avoid a criminal conviction on their record. District Attorney May states “I am extremely grateful to El Pomar for their generous gift in helping save this program”. If interested in making a monetary contribution to this program, contact Jerry O’Hare at (719) 520-6178.
Right Click, Save Target As to Capture Audio CLip
Today, the 4th Judicial District Attorney’s Office announced that it will not prosecute the resident of 3212 Virginia Avenue, James Parsons, in connection with a shooting on December 28, 2008.
On December 28, 2008 at approximately 9:50 p.m. Colorado Springs police officers were dispatched to 3212 Virginia Avenue regarding a burglary in progress. As officers arrived they were advised that shots had been fired. Officers found an unknown male, later identified as Sean Kennedy, lying in the back yard near the back door of the residence. He was pronounced dead at the scene. An autopsy at the El Paso County Coroner’s Office later determined that Sean Kennedy died from two gunshot wounds.
Detectives from the Colorado Springs Police Department’s Violent Crimes Unit were dispatched and conducted a thorough investigation of the shooting. The investigation revealed that at about 9:45 p.m. on Sunday, December 28, 2008, the resident of 3212 Virginia Avenue was at home with his girlfriend when he saw a white GMC pickup truck drive up and park in front of his house, a small ranch-style home. The resident saw an unknown male get out of the truck and approach his front door. Two dogs belonging to the resident, including a German Sheppard, started barking loudly and continually as the unknown male began forcefully pounding and beating on the front door. He was yelling obscenities and appeared to be angry and upset. The unknown male continued to beat and pound on the door, during which time the resident told his girlfriend to call 911 and he went into the bedroom to get his gun, a revolver.
After several minutes the resident and his girlfriend saw the man run around to the back of the home. The resident positioned himself near the kitchen and saw the man at the back door. The man broke the lock on the back screen door, pulled open the screen door and began beating his fist on the back door. The man continued to yell obscenities. The man then broke out the pane of glass in the back door nearest to the dead bolt. The man put his arm in through the broken window and was using his hand to undo the deadbolt when the resident shot at the man three times with his revolver.
Physical evidence at the scene and other witness statements corroborated the statements of the resident and his girlfriend. Review of the 911 dispatch tape also confirmed the statement of the resident. At the beginning of the dispatch tape, the resident’s girlfriend was heard saying “someone’s trying to get in the house” and telling the dispatcher to “hurry up, he’s trying to get in the house!” The resident’s girlfriend was on the phone with a police dispatcher for nearly 4 ½ minutes while the unknown male was trying to get into the home. The resident’s girlfriend was then heard saying “Oh my God, he’s coming in the back door!” and then “Are they on their way, because oh my God, he broke in the glass!” followed by the sound of gunshots. Both the resident and his girlfriend immediately sought medical attention for Sean Kennedy.
The resident and his girlfriend cooperated fully with this investigation. The evidence from the dispatch tape and from investigative interviews indicated that they were both terrified during this incident and were traumatized by these events.
It was further determined through the investigation that Sean Kennedy lived at 3212 N. Institute Street, one street west of Virginia Avenue, with several roommates. According to witness statements, Sean Kennedy had been drinking alcohol with friends at a local golf course just prior to this incident. His blood alcohol level at autopsy was .261 gm/dl, over three times the legal driving limit.
Under Colorado Revised Statute section 18-1-704.5 the Colorado General Assembly “recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.” This law provides that any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person intends to commit a crime or use any physical force, no matter how slight, against any occupant.
Based upon the evidence and a review of Colorado law governing the use of deadly physical force against an intruder, it is the opinion of the District Attorney’s Office that the resident of 3212 Virginia Avenue did not violate Colorado law, and he will not be prosecuted.
Inquiries may be directed to District Attorney Dan May or Deputy District Attorney Gail Warkentin at (719) 520-6000.
The Office of the District Attorney and the Colorado Springs Police Department has completed the investigation of the events of December 5, 2008 where a suspect in a stolen pickup truck was shot and killed by an El Paso County Sheriff’s Deputy. This incident occurred in an alleyway in the area of North Union Blvd and Constitution Ave in Colorado Springs.
ny time a law enforcement officer fires his weapon and a person is injured, the Office of the District Attorney conducts an independent investigation. The sole purpose of that investigation is to determine if any criminal laws were violated by the law enforcement officer shooting his/her weapon.
C.R.S. 18-1-707(2) allows for a peace officer to use deadly force if he reasonably believes that it is necessary to defend himself or a third person from what he reasonably believes to be the imminent use of deadly physical force or to effect an arrest of a person whom he reasonably believes has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon
The independent investigation consists of interviewing witnesses, to include the law enforcement officer who fired his weapon. Physical evidence is carefully examined. Forensic evidence is reviewed. According to Chief Investigator Larry Martin the District Attorney’s Office was able to determine the following facts from this investigation:
On Friday December 5, 2008 at approximately 4:00 p.m. El Paso County Deputies assigned to the Crime Reduction Unit (C.R.U.) were working as a two man team in the vicinity of North Union Blvd. and Constitution Ave. inside the Colorado Springs city limits. C.R.U. members Deputy Bradley Bengford and Deputy Glenn Boarman were investigating a residence in the area which had been the subject of a search warrant several weeks earlier. At that time a stolen vehicle, a stolen gun, as well as some illegal narcotics had been recovered.
As Deputies Bengford and Boarman drove through the alleyway behind the address on North Union Blvd in an unmarked Chevy Impala they noticed a black F250 pickup truck parked in the alleyway that did not have any visible license plates. The Deputies conducted a VIN search on the truck and discovered that the truck had been reported stolen out of Yoder, Colorado.
The Deputies decided to set up surveillance on the truck at the top of the alleyway. As Deputy Boarman turned the unmarked patrol car around to begin the surveillance the Deputies noticed that the black F250 pickup truck was traveling northbound in the alley directly toward their vehicle. The Deputies activated the emergency lights on their unmarked patrol car in an attempt to stop the stolen truck. When the Deputies activated the emergency lights the driver of the stolen truck, identified later as Christopher Barnes Obertino, immediately put the truck in reverse and started to accelerate southbound down the alleyway at a high rate of speed.
The Deputies pursued the truck with the emergency lights activated on their patrol vehicle. Mr. Obertino rapidly backed the stolen truck into a driveway off the west side of the alley at which time the truck struck a large tree and a chain link fence. The Deputies believed the truck would not be able to continue after this crash so they exited their patrol car in an attempt to get Mr. Obertino out of the truck and place him into custody. Deputy Boarman exited the patrol car from the driver’s door with his weapon drawn and took a position directly in front of the truck so he could view Mr. Obertino through the truck’s windshield. Deputy Bengford exited the passenger door of the patrol car with his weapon drawn and took a position on the north side of the truck so that he could see Mr. Obertino through the truck’s driver’s side windows. Both Deputies gave numerous loud verbal commands to Mr. Obertino that they were Sheriff Deputies and that he needed to shut the truck engine off and show his hands. Mr. Obertino refused to comply with the Deputies verbal commands.
As both Deputies continued to shout verbal commands to Mr. Obertino, he shifted the truck back into drive and started accelerating the truck directly towards Deputy Boarman. Deputy Boarman sidestepped out of the path of the truck and Mr. Obertino nearly stuck a concrete retaining wall on the east side of the alley with the truck. Deputy Boarman would have been struck by the truck if he had not sidestepped out of the truck’s path. Deputy Boarman considered shooting at Mr. Obertino as the truck was accelerating directly towards him, but did not fire because he was unsure of Deputy Bengford’s exact location at that time.
After quickly moving out of the truck’s path Deputy Boarman ended up next to the driver’s side window. Deputy Boarman attempted to knock out the glass on the driver’s side window with the barrel of his weapon but he was unable to break the window glass. Then Mr. Obertino placed the truck in reverse and again quickly reversed the truck approximately four feet back into the driveway off the alley. Mr. Obertino placed the truck back into drive and again accelerated quickly towards Deputy Boarman. Deputy Bengford maintained a position on the north side of the truck covering Deputy Boarman and continued to shout verbal commands while Mr. Obertino accelerated the truck towards Deputy Boarman. As the truck accelerated at Deputy Boarman a second time Deputy Bengford began to fire shots into the cab of the truck. Deputy Bengford believed that Mr. Obertino was going to hit Deputy Boarman with the truck and possibly pin Deputy Boarman against the concrete retaining wall. Deputy Bengford fired eight rounds very quickly as the truck accelerated towards Deputy Boarman. Deputy Boarman was able to jump out of the way of the truck a second time as the truck moved rapidly toward him.
Mr. Obertino was able to turn the truck down the alleyway at this point and drove the truck southbound toward Constitution Ave. His truck struck and knocked over a light pole on the corner of the alleyway and Constitution Ave. before heading west on Constitution Ave. Mr. Obertino subsequently crashed the truck into a large tree on the north side of Constitution Ave. Deputy Boarman and Deputy Bengford pursued Mr. Obertino’s truck in their patrol car. When the Deputies made contact with the truck Mr. Obertino was removed from the truck and handcuffed. He was unresponsive. Medical personal were called and Mr. Obertino was transported to Memorial hospital by ambulance. Mr. Obertino was struck by two of the bullets fired by Deputy Bengford which resulted in his death. Mr. Obertino was first struck by a bullet in the left arm which traveled through the left arm into the left side of his body and then traversed the chest cavity. Mr. Obertino was struck by a second bullet in the lower back on the left side of his body which traversed his body in an upward direction and exited through the front of his right shoulder. Mr. Obertino was struck by the second bullet as he slumped forward in the driver’s seat after being struck by the bullet that entered the left side of his body.
Because this incident involved bodily injury or death to another person as a result of the deputy discharging his weapon, the 4th Judicial District Attorney’s Critical Incident Team was activated on the night of December 5, 2008 and responded immediately to conduct the investigation of the shooting in association with personal from the Colorado Springs Police Department’s Violent Crimes Section. Senior Deputy District Attorney Frederick Stein was the lead prosecutor on the Critical Incident Team to review the case.
That investigation and legal analysis of the above referenced shooting has been completed, and the 4th Judicial District Attorney’s Office concludes that under Colorado law, Deputy Bengford was justified in using deadly force against Christopher Obertino.
Today, an El Paso County jury of 12 convicted Ryan Krueger of First Degree Murder, a class 1 felony and Conspiracy to Commit First Degree Murder, a class 2 felony. Shortly after the verdicts were read, El Paso County District Court Judge Kirk Samelson sentenced Krueger to life in prison without the possibility of parole.
Mr. Krueger previously fired his attorneys and represented himself in the jury trial. Prosecutors Gail Warkentin and Margaret Vellar presented evidence that on April 12, 2001, Colorado Springs Police officers were dispatched to 5526 Denmark Court where they found the body of 19-year-old Patricia Elliott in a bathtub. An autopsy revealed that she died from blunt force trauma to the head.
This case remained unsolved for several years until a court authorized wiretap lead to the arrests of Christopher Allen, Benjamin Gunvalsen and Ryan Krueger. The investigation revealed that the men had killed Ms. Elliott by striking her in the head several times with a dumbbell. They then strangled her with a blanket. In testimony, Benjamin Gunvalsen told the jury that Ryan Krueger had directed the other men to purchase the dumbbell and that Ryan Krueger had indicated to them that they needed to "take care" of the victim because she was "snitching" on them regarding drug trafficking. Ryan Krueger then called the victim and arranged for her to meet the three men.
The prosecution team thanked the persistence and hard work of Detective Derek Graham and the Colorado Springs Police Department. "We appreciate the attentiveness of the jurors during the trial and are happy to bring the case to a conclusion with a guilty verdict. Although seven years have passed, justice has been served for the victim and her family," said Chief Deputy District Attorney Gail Warkentin.
Christopher Allen was sentenced in February of 2008 to life in prison without the possibility of parole after being convicted of first degree murder by a jury. In March of 2008, Benjamin Gunvalsen was sentenced to four years in the Department of Corrections upon a plea of guilty to the charge of Accessory to Murder, a class 4 felony.
In March an El Paso County jury convicted Calhan resident Gina Johnston (DOB:8/30/73) of twenty-four counts of Aggravated Cruelty to Animals. Each count is a class 6 felony, punishable by probation with up to ninety days jail or a maximum of eighteen months in the Department of Corrections and a fine of up to $100,000.
The jury heard testimony from Animal Welfare Officers with the Humane Society of the Pikes Peak Region and El Paso County Sheriff's Deputies that the defendant, who has a previous Cruelty to Animals conviction in 2004, failed to provide adequate food and water for 19 horses in July, 2006 and 6 horses in June, 2007. The jury saw photos of the horses, who ranging from 50 to 175 pounds underweight. Several of the horses also suffered from lack of dental, hoof and grooming care. Several veterinarians, after examining the horses, testified that they were all malnourished.
The defense tried to establish that toxic water on the defendant's property caused the horses to lose weight.
Today, Judge Werner heard testimony from prosecution witnesses Jamie Norris of the Pikes Peak Humane Society and Detective Gattenby of the El Paso County Sheriff's Office. Judge Gregory Werner followed recommendations of the prosecutors and sentenced Ms. Johnston to five years of supervised probation, six months county jail to be followed by three months of in-home detention. Conditions of her probation include a $1,000 fine, anger management classes, individual counseling. Further, she cannot own an animal that weighs more than 150 pounds.
Ms. Johnston was taken into immediate custody.
The District Attorneys Office wants to remind everyone to be careful when hiring someone to do landscaping in your yard or work in your home. Our office sees an increase in fraud complaints this time of year from citizens who have been taken advantage of by someone hired to do work in their home. By checking references, not paying all funds upfront and working with a written agreement, many problems can be avoided Chief Investigator Randy Stevenson warns ‘we have all heard friends or relatives describe that they met someone and “something just didn’t seem right about him/her.’ Remember to check the Better Business Bureau web page to learn about any disputes in their work history as well. If you have access to the internet, you can check to see if the person you’re dealing with may be wanted by the authorities.”
From your internet home page go to one of the many search engines that are available and enter that person’s first and last name in quotes, along with the word “wanted”. For example: “John Doe” wanted
If that person is listed in any of the crime stopper’s web pages or any similar Most Wanted web page from the courts or prosecutor’s office you will be directed to that web page where you will learn more about the crime(s) they are wanted for.
If you do discover that the person is wanted there will almost always be a telephone number or other contact information for the authorities where the crime occurred. You would then contact your local police or sheriff if you are in a different city and provide the information about the wanted person. They will be the agency to coordinate the apprehension of the wanted person.
Attorneys and Investigators from The District Attorney’s Office Economic Crime Division are available to present fraud prevention training to your community group. Call 719-520-6002 for more information.
Back to TopOn June 25, 2008 the Southern Colorado Drug Task Force took down a major drug trafficking cell in Colorado Springs. The Task Force, which is led by the Drug Enforcement Administration, in conjunction with the Colorado Springs Police Department, El Paso County Sheriff’s Office, Pueblo Police Department, Colorado State Patrol, and the 4th Judicial District Attorney’s Office, utilized wiretaps to lead them to members of a drug trafficking cell of a Mexican-based narcotics organization operating here in Colorado Springs. During this phase of a long-term narcotics investigation, code-named Operation White Horse, agents and task force officers made four arrests and seized eight pounds of methamphetamine, over $5000 in U.S. currency, and two vehicles. The suspects arrested on June 25 were Antonio Angulo, Jesus Manjarrez, Juan Gallardo, and Jose Casellano. Charges have not yet been filed and the individuals arrested are presumed innocent until proven guilty in a court of law.
The June 25th arrests and seizures are Phase IV of Operation White Horse. Phase I of this operation resulted in four arrests and the seizure of 5.6 pounds of methamphetamine, 10.5 ounces of cocaine, 150 pounds of a narcotics cutting agent known as MSM, $397,857.00 in U.S. currency, four vehicles, seven weapons, and one bullet-proof vest. Phase II of this operation resulted in 15 arrests and the seizure of 6.9 pounds of methamphetamine, 28.1 ounces of cocaine, $16,105.00 in U.S. currency, six vehicles, and four weapons. Phase III of this operation resulted in four arrests and the seizure of 26.4 pounds of methamphetamine, $90,334.00 in U.S. currency, and four vehicles.
Operation White Horse, in total, has resulted in 27 arrests and the seizure of 47 pounds of methamphetamine with a street value of $987,000.00, 38.6 ounces of cocaine with a street value of $69,480.00, more than 150 pounds of narcotics cutting agent, $509,296.00 in U.S. currency, 16 vehicles, 11 weapons, and one bullet-proof vest.
Back to TopAn El Paso County jury convicted defendant Crystal Mawson of 1st Degree Murder, Conspiracy to Commit 1st Degree Murder and Child Abuse for the April 18, 2007 killing of Diana Young at the Ranch Motel located on North Nevada Avenue in Colorado Springs. They praised the jury's verdict which reflected the extremely brutal and vicious murder of Diana Young in the presence of her infant son.
The evidence presented by Prosecutors Robyn Cafasso and Nan Scranton at trial established that the defendant was dating Oliver Padeway, Jr., who is the father of Diana Young's infant son. The investigation by Colorado Springs Police Department and Lead Detective Mike Happ indicates shortly after 2:00 a.m. on April 18th, defendant Mawson along with co-defendant Stephanie Deverick drove to the Ranch Motel where Ms. Young was staying with her infant son. Following a confrontation, defendant Mawson slashed at Ms. Young with a razor blade she had brought to the scene. Ms. Young sustained several injuries, and while a blood trail indicates she tried to seek help from nearby residents, she bled to death at the scene before help arrived. CSPD found Ms. Young's infant son at the scene and contacted the Department of Social Services. He is now living with his mother's relatives out of state.
CSPD's investigation led them to suspect Crystal Mawson. Mawson's hat which contained traces of her DNA and the victim's blood was found at the crime scene. A search of a dumpster near defendant Mawson's home located the murder weapon, a razor blade, with trace evidence of the victim's blood, along with disposable latex gloves with the defendant's DNA inside. Similar gloves were located in a search of Mawson's home. Based on the evidence, Prosecutors Cafasso and Scranton argued that the defendant was motivated to kill Diana Young in order to get her out of the picture, leaving the defendant and Padeway to raise the infant together.
The defendant was immediately sentenced to life in prison following the conviction. Co-defendant Stephanie Deverick is scheduled for trial on August 4, 2008.
Back to TopToday, an El Paso County jury convicted 22 year old Steven Gonzalez of Manslaughter for the May 9, 2007 shooting death of 24 year old John Ortiz. The jury heard evidence that following a verbal argument between Steven Gonzalez and John Ortiz, in the alley behind the Antique Billiards Museum pool hall on North Citadel Drive in Colorado Springs, Mr. Ortiz pulled out a handgun. After slapping Gonzalez in the face, the victim Mr. Ortiz removed the clip from the gun, pushed the gun into Gonzalez' chest and told him to take the gun and shoot him. Witnesses to the shooting testified that Gonzalez took the gun, pointed it at the Mr. Ortiz' head and pulled the trigger shooting him one time in the head. Gonzalez left the area with the friends who accompanied him to the pool hall. The victim, John Ortiz, died a short time later.
Deputy District Attorneys Jim Bentley and Erik Lamphere urged the jury to reject the defendant's self-defense claim by arguing once the defendant took possession of the victim's gun he was no longer a danger or threat. They argued to the jury that in Colorado a person is only entitled to use deadly physical force if a lesser degree of force is inadequate and they had reasonable grounds to believe he or another person is in imminent danger of being killed or receiving great bodily injury. Following the verdict, Deputy District Attorney Bentley commented this case was a tragedy for everyone involved and we are pleased that the jury carefully considered the evidence and the law in reaching their verdict.
The defendant, who had been free on bond during the pendency of the case, was taken into custody. Gonzalez faces up to 6 years in the Colorado Department of Corrections when he is sentenced by District Court Judge J. Patrick Kelly on September 5, 2008.
Back to TopOn June 17, 2008, following a week-long trial, a Boulder County jury convicted defendant Jereme Lamberth of Attempted First Degree Murder for the February 2006 stabbing of his sister, Melanie Schweinhardt. The trial was moved to Boulder County due to publicity surrounding Lamberth's January 2008 conviction for the murder of CSPD Detective Jared Jensen. The Defendant's next court date is June 30th for setting of his second habitual criminal sentencing trial. Prosecutors Amy Mullaney and Diana May will seek to prove Lamberth has three prior felony convictions, mandating a 96 year prison sentence for what they described at trial as an unjustified, brutal and vicious attack.
The jury heard evidence that Jereme Lamberth lived wth his mother, brother and his sister at an apartment on North Murray Boulevard in Colorado Springs where the stabbing occurred. On the evening of February 2, 2006, following a verbal argument between Lamberth and his sister, Melanie Schweinhardt, Lamberth threatened her with a hammer. His mother and brother physically restrained Lamberth and took the hammer away. Jereme Lamberth then retreived a knife from his pants pocket and began to attack his sister by stabbing her with a knife. While Lamberth was being restrained by their brother, Ms. Schweinhardt was able to run from the apartment, eventually collapsing in the threshold of a nearby apartment. Jereme Lamberth fled the apartment complex before police arrived. Ms. Schweinhardt was transported to Memorial Hospital where she was treated for over eleven stab wounds to her head and body, including one that fractured her nose and the palate of her mouth. Following their investigation, CSPD obtained a $100,000 arrest warrant for Jereme Lamberth.
On February 22, 2206 CSPD Detective Jared, while working with other CSPD Officers to effect the arrest of Jereme Lamberth for the attempted murder of his sister, saw Lamberth in the area of the bus stop at the intersection of Costilla and Hancock. The evidence presented at the January 2008 trial of Jereme Lamberth proved that while Detective Jensen was attempting to place Lamberth under arrest, Lamberth drew a .44 caliber revolver from his waistband and shot Detective Jensen once in the neck and once in the head. A jury convicted Lamberth of Second Degree Murder and he was sentenced to 96 years in the Colorado Department of Corrections. Whether or not the sentence for this new conviction runs concurrent or consecutive to the sentence he is currently serving from the conviction of the murder of Detective Jared Jensen will be determined by Judge Schwartz.
Back to TopOn May 19, 2008, Former Ft. Carson soldier Robert Charles Herdman was sentenced to 24 years to up to the rest of his natural life in the Colorado Department of Corrections following his convictions for Sexual Assault, 2nd Degree Kidnapping and Crime of Violence for a July 31, 2003 assault of a Colorado Springs woman. The evidence presented at the February 2008 trial showed Herdman accosted the victim at knifepoint, outside a Colorado Springs apartment complex, and forced her to have sexual intercourse with him. Following the assault the victim was able to get away and ran screaming back to her apartment where Colorado Springs Police responded. She was treated for her injuries at Memorial Hospital. Herdman was arrested that same day at Evans Army Hospital where he had turned himself in saying he thought he had raped someone. The victim was not acquainted with Herdman, however, she was able to identify him in a police photo line-up as her attacker.
In convicting Herdman, the jury rejected his defense of involuntary intoxication related to the administration of Larium (mefloquine), an anti-malarial drug and Benzodeazepine, an anti-depressant.
In arguing for a lengthy sentence to the Department of Corrections, Prosecutors Nan Scranton and Debbie Pearson, emphasized that this was the defendant's second felony conviction; as Herdman was convicted of 1st Degree Burglary and 2nd Degree Assault in New York State for a home invasion that occurred while he was on bond pending trial in the Colorado case. Nan Scranton added The community's verdict reflects the brutal nature of the sexual assault and kidnapping that occurred at knifepoint.
Back to TopOn February 22, 2006, Colorado Springs Police Department Detective Jared Jensen made the ultimate sacrifice serving the Colorado Springs community when he was shot and killed by Jeremy Lamberth. Detective Jensen was attempting to arrest Lamberth on an outstanding arrest warrant for the attempted murder of his sister. CSPD had received information that Lamberth was at a Colorado Springs 7-11 store attempting to cash a check. Detective Jensen proceeded to that location to investigate, and saw Lamberth at a nearby bus stop, located at the intersection of Costilla and Hancock. While attempting to place Lamberth under arrest, Lamberth pulled out a recently purchased .44 caliber Ruger Red Hawk handgun and shot Detective Lamberth.
Following a 3 1/2 week trial and 8 days of deliberation, a 4th Judicial District Court jury convicted Lamberth of Second Degree Murder. At the Habitual Criminal sentencing trial held May 5, 2008, District Court Judge Larry Schwartz found Lamberth guilty of being a habitual criminal for having been convicted of three prior felonies: Criminal Trespass, a class 5 felony; Attempted Robbery, a class 5 felony and Theft, a class 4 felony. Pursuant to Colorado sentencing law, the Court sentenced Lamberth to four times the maximum presumptive sentencing range of 24 years, for a total of 96 years in the Colorado Department of Corrections.
In January 2008, the Southern Colorado Drug Task Force, led by the Drug Enforcement Administration and comprised of investigators from DEA, CSPD, CSP, EPSO and Pueblo PD, initiated an investigation targeting a multi-state methamphetamine trafficking organization, with ties to California and Arizona.
According to information developed during the investigation, the organization, believed to be comprised entirely of illegal immigrants, was responsible for the importation of approximately 40 pounds of methamphetamine per month. This amount of methamphetamine would cost $800,000 at a conservative wholesale price, or more than $2,000,000 at the street distribution level.
Throughout the course of this investigation, investigators utilized court authorized telephone intercepts to effectively penetrate and dismantle this organization.
On March 25, 2008, based upon the wire interceptions, investigators provided information to the Grand Junction Resident Office of the DEA, and Agents in Grand Junction arrested the transporter, Alonso Verdugo, for the organization and seized 8 pounds of methamphetamine. Verdugo is being prosecuted in Mesa County. According to the DEA Colorado Springs resident office, a Search Warrant executed in Colorado Springs led to the arrest of the primary target, Cesar Olivas-Cervantes, and resulted in the seizure of 10 pounds of methamphetamine, two handguns and $41,275 cash. Defendant Olivas-Cervantes has been charged with Possession with Intent to Distribute a Controlled Substance, more than 1,000 grams, Special Offender and Conspiracy to Distribute more than 1,000 grams of a Controlled Substance. He is being held in custody at the Criminal Justice Center.
On April 14, 2008, as part of this ongoing investigation, Jorge Alejandro Rios-Ruiz was arrested and investigators seized 1 pound of methamphetamine and $23,600 cash. He is being held in custody at the Criminal Justice Center. Both Olivas-Cervantes and Rios-Ruiz are scheduled for Preliminary Hearing on May 15, 2008 in Division 4 of the El Paso County District Court.
District Attorney John Newsome is proud to announce that two prosecutors, Amy Mullaney and Donna Billek were named Rising Stars by The Colorado Springs Business Journal during an April 24, 2008 presentation which recognized 38 business leaders under 40 who have made significant contributions to their chosen field and community. Mr. Newsome said It is an honor for the community to recognize Amy and Donna as two prosecutors who have dedicated their lives to improving our community and fighting for crime victims who can't fight for themselves.
Assistant District Attorney Amy Mullaney began her career as a prosecutor in 1996. As second in command she overseas the daily operations of the office, which employs 200 people, in addition to prosecuting high-profile homicide cases and serving as liaison with all area military installations. Ms. Mullaney was elected vice president of the Colorado District Attorney Council, whose mission is to promote, foster and encourage an effective administration of criminal justice throughout the State of Colorado. Ms. Mullaney is an elected trustee with the El Paso County Bar Association and is active with the local KIDPOWER chapter that teaches safety to children.
Donna Billek graduated from The University of Denver College of Law in December 1998 and began her career as a prosecutor in May 1999. She has prosecuted numerous cases in county court, juvenile court and district court. She has served as lead prosecutor for the vehicular homicide team and is a specialist in the prosecution of violent and sexual assault prosecutions. Currently, Donna serves as a Senior Deputy District Attorney supervising a team of 12 attorneys while carrying her own felony caseload. As a member of the El Paso County Bar Association she serves as member of the Law Day committee, and shares her accomplishments as a veteran marathon runner by co-chairing the Law Day 5K run. Donna’s dedication extends to her personal life where she presents community lectures, volunteers as a mock trial mentor for high school students and served as a committee member for Go Red for Women Day.
Today an El Paso County jury convicted Calhan resident Gina Johnston (DOB:8/30/73) of twenty-four counts of Aggravated Cruelty to Animals. Each count is a class 6 felony, punishable by probation with up to ninety days jail or a maximum of eighteen months in the Department of Corrections and a fine of up to $100,000.
The jury heard testimony from Animal Welfare Officers with the Humane Society of the Pikes Peak Region and El Paso County Sheriff's Deputies that the defendant, who has a previous Cruelty to Animals conviction in 2004, failed to provide adequate food and water for 19 horses in July, 2006 and 6 horses in June, 2007. The jury saw photos of the horses, who ranging from 50 to 175 pounds underweight. Several of the horses also suffered from lack of dental, hoof and grooming care. Several veterinarians, after examining the horses, testified that they were all malnourished.
The defense tried to establish that toxic water on the defendant's property caused the horses to lose weight.
Prosecutors Shannon Gerhart and Jennifer Viehman were pleased that through their verdict, the jury gave a voice to these suffering horses.
The defendant remains free on bond pending sentencing in front of Judge Gregory R. Werner on June 4, 2008.
Donna Billek graduated from The University of Denver College of Law in December 1998 and began her career as a prosecutor in May 1999. She has prosecuted numerous cases in county court, juvenile court and district court. She has served as lead prosecutor for the vehicular homicide team and is a specialist in the prosecution of violent and sexual assault prosecutions. Currently, Donna serves as a Senior Deputy District Attorney supervising a team of 12 attorneys while carrying her own felony caseload. As a member of the El Paso County Bar Association she serves as member of the Law Day committee, and shares her accomplishments as a veteran marathon runner by co-chairing the Law Day 5K run. Donna’s dedication extends to her personal life where she presents community lectures, volunteers as a mock trial mentor for high school students and served as a committee member for Go Red for Women Day.
The 4th Judicial District Attorney's Office, in cooperation with Colorado State Parks, will be sponsoring Military Appreciation Day at Cheyenne Mountain State Park on Saturday April 19, 2008. Cheyenne Mountain State Park is open for trail use and visitors often see wildlife along the trails.
The first 100 vehicles passing through the gate with a driver or passenger who has an active or retired military ID will be admitted free. Beginning at 1:00 p.m., there will be a Geocaching treasure hunt (with the aid of GPS units). There will also be a children's wildlife program. This program is a hands-on activity where the children learn about one of the park's critters . There will be prizes awarded at the end of the day.
District Attorney John Newsome stated honoring our military community for their service is something that this office feels privileged to do. We hope that this day at Cheyenne Mountain State Park will be an opportunity for active and retired soldiers to treat their families to a great day of hiking and sight seeing.
For more information on Cheyenne Mountain State Park, please visit their website at http://parks.state.co.us/Parks/CheyenneMountain/Nature/.
District Attorney, John Newsome, announced today that his office will donate a piece of evidence collected in connection with the homicide of John J. Sebastian. John J. Sebastian went missing in March, 1893 in El Paso County, Colorado.
This case was first brought to the attention of Chief Investigator Larry Martin of the El Paso County District Attorney's Office in September 1986. An agent with the Colorado Bureau of Investigation reported that he had received a 11 x 5 3/8 cut piece of molding bearing a handwritten message in pencil. This message was determined to be the written confession of John W. Spicer to the murder of John J. Sebastian in March, 1893. The CBI agent concluded that the writing system executed in the written message was consistent with the writing systems associated in the late 1800s. Based upon this information, Chief Investigator Martin initiated an investigation into John Spicer, including an interview with Spicer's daughter. Based upon this investigation, it has been determined that Spicer did kill Sebastian for $5000.00 worth of Sebastian's money and jewelry. This century old homicide was one of the most memorable and unique cases I've encountered in my 30 years with the District Attorney's Office , said Martin.
The District Attorney's Office has announced that it will release the molding with the handwritten confession to the Fountain Valley Historical Society and Museum at 3:30 pm on Wednesday March 5, 2008. We are proud to have this piece on display and are thankful to the District Attorney's Office for donating it to us , said Stella Neugebauer, President of the Fountain Valley Historical Society and Museum. We are happy to donate this piece of Pikes Peak Region history. This belongs to the people of this community and will be preserved and displayed for generations to come , said District Attorney John Newsome.
District Attorney John Newsome implemented a program aimed at curtailing school truancy. The School Counts program is scheduled to begin March 6, 2008. This Juvenile Offender Services program recognizes that kids who are truant tend to have little or no positive connection to their schools. As a result of that disconnection, they have no real motivation to attend , said Newsome. It's a cycle few youth can break on their own. We want to help break that cycle .
The School Counts program will be run by Juvenile Offender Services through the 4th Judicial District Attorney's Office. School Counts was developed to accomplish several goals. It is a positive step in easing the burden on the truancy court. It is also aimed at reducing the number of youth being sent to Spring Creek for contempt violations. It is important to help these kids connect to their schools and the positive things that are happening at their schools and help these kids catch up academically with their peers without added embarrassment.
We can help these kids break away from the negative, and frequently delinquent, behavior that presents itself when they aren't attending school. If we can do this, we make a positive difference in that child's life, which will ultimately benefit the community as a whole , said Newsome.
Yesterday, 4th Judicial District Attorney’s Office received information regarding a new real estate scam and wants to warn citizens of El Paso and Teller Counties.
This most recent Nigerian scams is one of the most clever we have seen. A military employee who was being relocated to Colorado Springs had gone to the internet to look for possible home rentals in the area. Several websites listed various homes for rent. One home was listed on a website which was offered as a rental and was located in the Broadmoor area. The listed rental fee for the stunning two story home was only $1000.00 per month. A $30.00 application fee and two months rent was requested up front. Several email communications were made with the claimed owner listing the home, Inocencio Joseph. Inocencio Joseph explained to the potential renter, in broken English, how he had built the home and had been transferred. He said he was doing missionary work in Africa and listed a contact phone number. A rental agreement was emailed to the prospective renter. The prospective renter wisely decided to contact a real estate agent to check on the house first. The house was found to belong to someone entirely different, a couple who had listed the home for sale. The information on the home had been stolen off the MLS listing and was fraudulently used in the rental advertisement. The District Attorney's Office investigation has revealed that the phone number traces to a Nigerian cell phone.
When looking for home sales or rentals, The District Attorney encourages everyone to contact a local licensed real estate agent to verify that the information and the transaction are legitimate. Never send money to someone that you have never met for something you have not received. If you feel you have been a victim of this scam, you are urged to file an on-line complaint with the FBI. These complaints assist the FBI in tracking these types of scams. The FBI web address for complaints is www.ic3.gov.
The 4th Judicial District Attorney, John Newsome, has completed a review regarding the investigation of Lisa Hinkle (DOB 11/22/55) in the shooting death of Kyle Haner on December 3, 2007.
The investigation revealed that on December 3, 2007, officers from the Colorado Springs Police Department were dispatched to 1222 Lewis Lane in response to a shooting. Upon arrival, officers entered the home and found a male, later identified as 27-year-old Kyle Haner, in the upstairs living room area of the home. Mr. Haner was unresponsive and transported to Memorial Hospital where he was pronounced dead at approximately 9:45am. An autopsy revealed that Mr. Haner died from a single gunshot wound to the chest which resulted in producing massive internal bleeding. The reporting person, Lisa Hinkle, told officers she had shot the victim.
Based upon the evidence presented and a review of Colorado law governing the use of deadly force in self-defense, it is the opinion of District Attorney John Newsome that no charges should be filed against Lisa Hinkle in connection with the shoothing death of Kyle Haner.
Today, an El Paso County jury of 12 convicted 29-year-old Christopher William Allen of First Degree Murder, a class 1 felony, Conspiracy to Commit First Degree Murder, a class 2 felony, and Accessory, a class 4 felony.
Prosecutors Gail Warkentin and Margaret Vellar presented evidence that on April 12, 2001, Colorado Springs Police officers were dispatched to 5526 Denmark Court where they found the body of 19-year-old Patricia Elliott in a bathtub. An autopsy revealed that she died from blunt force trauma to the head. This case remained unsolved for many years until a court authorized wiretap lead to the arrest Christopher Allen, Benjamin Gunvalsen and Ryan Krueger. The investigation revealed that the men struck the victim in the head several times with a dumbbell. They then strangled her with a blanket.
Shortly after the verdicts were read, El Paso County District Court Judge Kirk Samuelson sentenced Allen to life in prison without the possibility of parole. We are very pleased with these verdicts. It goes to show that justice delayed is not justice denied, said Warkentin.
Today, an El Paso County jury of 12 convicted Montrell Vincent Watson (DOB 9/04/79) of Possession with Intent to Distribute a Controlled Substance – Schedule II (Cocaine)- 25 to 450 grams, a class 3 felony.
This case was a collaborative effort between local law enforcement and the DEA. Deputy District Attorney Jeff Harwood presented evidence that on March 1, 2006, DEA agents and task force officers conducted surveillance on a drug trafficking leader who distributed drugs to Watson who then fled from CSPD officers. Watson then led officers on a foot pursuit while throwing drugs and a gun. The drugs, 62 grams of cocaine, and a .40 caliber semi-automatic handgun were recovered by police. Watson got away. Watson was later identified when he was intercepted over a court authorized wire-tap describing all of the events that had just taken place.
Watson’s defense argued to the jury that it was a case of mistaken identity. The jury discounted this defense and found him guilty after just two hours of deliberation. In addition to finding him guilty of the drug offense, the jury found him guilty of possession of a deadly weapon. This count is a sentence enhancer which requires a mandatory prison sentence of at least 8 years and as much as 24 years.
He is currently set for a hearing on 2 counts of habitual criminal on February 29, 2008. If convicted of those counts, he will be sentenced to a mandatory prison sentence of 72 years.
Today, an El Paso County Jury found Antonio Dwan Williams (DOB 08/28/1984) guilty of First Degree Murder after Deliberation, a class one felony, and First Degree Murder/Felony Murder, a class one felony.
During the trial, Prosecutors Lin Billings and Frederick Stein presented evidence that on July 17, 2007 at approximately 12:03am, Colorado Springs Police were dispatched to 1440 South Chelton Road (Verde Meadows Apartments) in response to a shots fired call. Upon arrival, officers learned that 25 year old John Kidwell had been shot and was being transported to the hospital in a red pick-up truck. Officers were able to locate the truck and the victim, who had died as a result of his injuries. An autopsy revealed that the victim suffered a single gunshot wound to the chest. The investigation revealed that Williams shot the victim during a robbery attempt at the Verde Meadows Apartments.
The jury deliberated nearly 5 hours before reaching the verdict today at approximately 11:30am. This afternoon, El Paso County District Court Judge Thomas Kennedy sentenced Williams to life in prison without the possibility of parole. “We are very pleased with the outcome of this case and the hard work of the jurors. This is a just verdict” said Billings.
Today, El Paso County District Court Judge Edward Colt sentenced Matthew Valverde (DOB 02/22/62) to 70 years in the Department of Corrections. On November 26, 2007, a jury found Valverde guilty of two counts of Attempted First Degree Murder by One in a Position of Trust/Victim Under 12 Years Old (F2), two counts of Attempted First Degree Murder After Deliberation (F2), four counts of Assault in the First Degree (F3), one count of Assault in the Second Degree (F4), and two counts of Child Abuse.
During the trial, Senior Deputy District Attorney Donna Billek presented evidence that on May 3, 2006, Valverde stabbed his two children (ages 4 and 5 at the time) several times and then stabbed himself in an apparent murder-suicide attempt. The children were each stabbed in the back and had their wrists slit, but survived the attack.
During sentencing today, Billek argued for a sentence in the high-end of the prison range available to the court. Matthew Valverde's responsibility as a parent was to protect his children , argued Billek. He violated his duty to protect them, he violated their innocence, he violated their trust. Citizens in our community are outraged at what this man did to his children. His behavior is inexcusable .
After hearing arguments from the prosecution and defense, Judge Colt sentenced Valverde to 70 years in prison plus a mandatory 5 years of parole.
Today, in a packed courtroom, El Paso County District Court Judge Barney Iuppa sentenced Neva Nolan (DOB 10/05/36) to 4 years prison. Nolan had previously plead guilty to Theft, a class 4 felony and Abuse of a Corpse, a class 2 misdemeanor. Nolan received in excess of $200,000.00 from various individuals who purchased preneed contracts from Nolan funeral homes. Nolan did not honor those agreements and did not refund money to those individuals.
Several victims addressed the court today. One victim told Judge Iuppa she's guilty of stealing money and stealing the hearts of loved ones . Another victim stated, she destroyed a local family business and defiled the Nolan name in the name of greed . For being so dishonest and hurting so many people, she deserves the maximum , stated another.
Nolans defense attorney told the court that Nolan had no intent to defraud and was scammed herself. Nolan was caught up in Nigerian scams and it spiraled out of control, admitting that some of the victims money was invested in scams.
Deputy District Attorney Bill Edie argued for prison and told the court, one set of ashes was being used as a stereo speaker stand. She just didn't care and that is what is so aggravating about this. She was selective about who's money she used appropriately and who's money she squandered away . In arguing for prison, Edie stated anything else denounces the seriousness of her actions.”
Judge Iuppa acknowledge that probation is a typical sentence for a first time, non-violent felony offense, but noted the aggravated nature of this case. I was waiting for Ms. Nolan to accept some personal responsibility for what happened and I never heard it. She characterized her actions as honest mistakes. I beg to differ, they were not honest mistakes, they were criminal . Before handing down the 4 year prison sentence, Judge Iuppa stated, probation is not a sufficient consequence for the crimes committed .
In addition to the prison sentence, Nolan will be required to serve a mandatory 3 years of parole.
Today, an El Paso County jury of 12 found Sean Christopher Russell (DOB 11/04/88) guilty of Aggravated Robbery, a class 3 felony, and Conspiracy to Commit Aggravated Robbery, a class 4 felony.
During trial, the jury heard evidence that Russell, along with 2 other individuals, planned a robbery of the Arby’s restaurant located at 331 South Nevada. On June 20, 2007 at approximately 10:02 pm, officers from the Colorado Springs Police Department were dispatched to that location in response to a robbery call. Deputy District Attorneys Joe LeDonne and Laurel Huston presented evidence that 2 individuals entered the Arby’s. One of the individuals pointed a handgun at the Arby’s employees and demanded money from the cash drawers and the safe. The other individual collected the money and both parties left in an older model Cadillac driven by Russell. The vehicle was stopped by police a short time later. A handgun and several hundred dollars cash were recovered from the vehicle.
“The defense argues that he [Mr. Russell] was just a part of the wrong crowd. He is the wrong crowd” argued LeDonne in response to defense argument that Russell didn’t know about the robbery and was just in the wrong place at the wrong time.
Russell’s bond was revoked and he is currently being held in custody without bond pending sentencing. He faces a mandatory 10-32 years in prison. Sentencing is currently set for March 3, 2008 at 1:30pm.
Today, El Paso County District Court Judge Barney Iuppa sentenced Matthew Levi Davies (DOB 11/04/08) to 48 years in the Department of Corrections, the maximum sentence Davies could receive for the crime of 2nd Degree Murder.
On September 25, 2007, Davies plead guilty to 2nd Degree Murder, a class 2 felony, and admitted to killing Dustin Cisneros on May 20, 2006. The body of Dustin Cisneros was found after the Colorado Springs Fire Department was dispatched to extinguish a vehicle fire in the Garden of the Gods Park. Cisneros’ body was discovered in the bed of the truck. An autopsy revealed that Cisneros died from a gunshot wound to the head.
Judge Iuppa heard statements from family and friends of the victim and argument from Senior Deputy District Attorney, Shannon Gerhart, before handing down the maximum sentence. Gerhart argued that Davies deserved the maximum 48 year sentence for pulling the trigger and killing Cisneros.
In addition to the prison sentence, Davies will be required to serve a mandatory 5 years of parole.