NEWS RELEASE -   12/16/04
D.A. TO FILE CHARGES IN CONNECTION WITH UNDERAGE DRINKING PARTY THAT RESULTED IN DEATH OF FLORENCE TEEN

CANON CITY:  The District Attorney's office has decided to file criminal charges against several adults & juveniles in connection with the underage drinking party that recently led to the death of a local teen in Florence.   Interim D.A. Kathy Eberling   and  Deputy D.A. John Rice   jointly reviewed the case & the charges requested by  Florence Police Chief Mike Ingle  . 

The decision is to file felony charges of Contributing to the Delinquency of a Child, a class 4 felony, and Unlawful Acts against 30-year old Shane Theissen, for providing the alcohol for underage persons at a December 3rd drinking party in Florence.  It led to the death of Nicholas (Lansford) Trout, age 18.

Additionally, a second adults will be charged with the same crimes with a November 22nd drinking party in Florence.  11 juveniles and one 19-year old will be charged with Possession or Consumption of Alcohol by an Underage Person in connection with the December party.  The same juvenile solicited both adults to provide the alcohol for himself and his friends for both parties.  That youth will be charged with Criminal Solicitation, a class 5 felony in each case, in addition to the underage alcohol offenses.

Rice stated:  "The Office of the District Attorney has made underage drinking a priority for the past several years.  We work closely with each law enforcement agency in this jurisdiction to investigate and prosecute these cases with the goal of reducing the amount and frequency of underage drinking in our communities.  The tragic death of Nicholas Trout is just the type of consequence of alcohol abuse that we have been striving to avoid.  The charges in these most recent cases reflect the D.A.'s strong stance against adults providing alcohol to our youth".

Summonses will be issued with each of the charges requiring the suspects to appear in court at a future date.

NEWS RELEASE -   12/10/04
HUNTER PLEADS GUILTY IN WETMORE POACHING CASE

WESTCLIFFE:  37-year old Christopher Sean Tallant pleaded guilty to illegal possession of a mule deer buck and to hunting on private property without permission today in Custer County Court.  He will face a suspension of his hunting license for up to two years.  Under the plea agreement, County Judge Peter Michealson assessed a four thousand dollar donation that Tallant must make to the Colorado Division of Wildlife's Operation Game Thief program.  He must pay that donation during his one year of probation.

Additionally, Tallant was sentenced to pay mandatory fines and surcharges for the two crimes totaling just over $1000.00. 

He was one of several hunters involved in poaching five buck deer in Wetmore last October.  Two of the buck deer were "Samson" trophy sized.  Two deer antlers were seen on the roof of the Lone Pine Restaurant in Wetmore that an alert Custer County shop employee saw that assisted area DOW officers, who investigated the case.  Two defendants, Troy Evans and Michael O'Neal, have pending cases in Custer County.

NEWS RELEASE -   12/2/04
LARGENT SENTENCED TO 11 1/2 YEARS PRISON IN VEHICULAR HOMICIDE

CANON CITY:  46-year old George Largent was sentenced today in Fremont County District Court to a total of 11 1/2 years in prison for last March's hit and run death of  teenager Megan Terrill.  Judge Marshall sentenced Largent to 6 years for Leaving the Scene of an Accident involving death, consecutive to a 4 year prison sentence to Vehicular Homicide based on being drunk.  He was given an 18-month sentence for his conviction of Tampering with Physical Evidence.  That sentence will run consecutive to the 4 and 6 year sentences to total 11 1/2 years.

District Attorney Kathy Eberling  prosecuted the case.  Largent was represented by Pueblo lawyer  Darrol Biddle .  The judge denied the defense request for an appeal bond, which if granted would have meant that Largent would have remained at liberty, and not in jail, pending the outcome of his planned appeal.

NEWS RELEASE -   11/30/04
LOCAL DENTIST MICHELI FOUND GUILTY OF INTIMIDATION OF A WITNESS

CANON CITY:  Local dentist Dr. Gregory Micheli was found guilty by a Fremont County jury November 19th of Intimidation of a Witness, a class four felony.  He was also convicted of a misdemeanor of attempt to file a false police report.

Sentencing will be on January 18th, 2005, in front of District Judge C.M. Barton.  A class four felony carries a potential prison sentence of between 2 to 6 years and a fine of up to $500,000.

The case stemmed from an alleged assault by Dr. Micheli's mother, Ada, who works in her son's dentist office on an office worker last July.  Mrs. Micheli was given a ticket by Canon City police for the alleged assault.  Her attorney requested that she and Dr. Micheli obtain witness statements from anyone who may have seen what occurred between Mrs. Micheli and the office worker.  According to trial prosecutor Marty Barta, the victim of the intimidation, Danielle Fox, refused to write a statement for her  that "nothing happened".  According to trial testimony, Fox, a single mother, was then fired by Dr. Micheli. 

The defendant testified on his own behalf denying that he fired her, but that he told her to leave his office.

NEWS RELEASE -   10/19/04
WESTCLIFFE WOMAN SENTENCED FOR STEALING FROM EMPLOYER

WESTCLIFFE:  49-year old Linda Cary was sentenced to 450 days in the Custer County jail and ten years probation for her convictions of five counts of felony theft and 30 counts of forgery.  The former bookkeeper was found guilty by a jury last August of stealing from her employer Nequette Drilling over the period beginning in June of 2000 through May of 2003.

Cary will be required to pay full restitution as a condition of her probation.  A hearing to determine the amount of restitution will be held December 1st in Custer County District Court in front of District Judge Julie Marshall.  The court also ordered Cary to pay at least $200.00 per month toward restitution while she is in jail. The People's estimate is at least $100,000.00.  Her request to be free and not in custody pending her planned appeal was denied and she was remanded into custody of the Custer County sheriff.

The victim, Dave Nequette, had testified at sentencing that he thought that the defendant should get a sentence of about 10 years, roughly his estimate of the number of years it will take his company to recoup its losses.  The probation department recommended a 16-year prison sentence.  Prosecutor Norman Cooling recommended a prison sentence based on the seriousness and extent of the crimes, noting that Cary's actions were a serious abuse of trust over a long period of time.  Evidence at trial established that Cary made numerous unauthorized charges on the Nequette Drilling company credit card for personal purchases.  Evidence was also presented that she paid herself numerous extra paychecks and had the company pay health insurance premiums to cover her daughter, a part-time employee.  Cary testified at her trial that she paid back most of the credit card purchases and that they had been authorized.

Cary paid $6000 in restitution yesterday and promised to pay $4000 more by January 15th.

NEWS RELEASE -  10/12/04
JURY FINDS LARGENT "GUILTY" OF VEHICULAR HOMICIDE

CANON CITY:  A Fremont County jury last Friday night found 46-year old George Largent guilty of vehicular homicide, criminally negligent homicide, failure to give notice/aid in an accident, tampering with evidence and driving while ability impaired.  Largent's cash bond was increased to $80,000 after the jury's decision was announced.  He will be sentenced December 2nd by District Judge Julie Marshall.

The vehicular homicide conviction was based on his reckless driving.  He faces a presumptive sentence of between 2 and 6 years in prison.  The criminally negligent homicide conviction is a class 5 felony and carries a sentence of between 1 and 3 years in prison.

The jury found Largent responsible for the death of 16-year old Megan Terrill, who was struck and killed after Largent's truck struck her from behind on a Canon City street last March.

NEWS RELEASE -   10/8/04
VEHICULAR HOMICIDE JURY BEGINS DELIBERATIONS

CANON CITY:  District Attorney Kathy Eberling argued that George Largent should be found guilty of all five original charges, including vehicular homicide, in her closing argument this morning.  Defense attorney Darrol Biddle argued that the 16-year old victim walked out in front on his client's truck and his client didn't know he had hit a person, but rather, a deer.  Eberling argued that Largent was drunk after bar-hopping at several downtown Canon City bars and then made the bad mistake of getting behind the wheel and driving.  She argued that he never called police afterwards to notify them of the accident, despite him having a cell phone in his truck.

A Fremont county jury  listened to several Colorado Bureau of Investigation experts and Canon City police officer Roger Parsons testify Wednesday in the case of 46-year old George Largent of rural Fremont county.   Largent is charged with vehicular homicide while intoxicated, vehicular homicide based on reckless driving and other charges.  16-year old Megan Terrill was walking home in the 800 block of South First Street early March 7th when she was struck by a vehicle that fled the scene.  She later died at the hospital nine days later. 

Wednesday, jurors poured over dozens of photos of the crime scene and of the defendant's Chevy Tahoe, that he is accused of driving when that vehicle allegedly killed the Terrill girl.  The jury also viewed the actual vehicle that is impounded at the Canon City police station, located across the street from the judicial building where the trial is taking place.

Thursday, the jury heard a defense accident reconstruction expert, Gary Cover, testify that in his opinion, the truck was only traveling 30 miles per hour and that the girl's dark clothing that she was wearing blended in with the dark road.

In her opening statement Tuesday, Eberling told the jury that the defendant made a very bad decision to drink alcohol and then get behind the wheel of a lethal weapon, his 3000 pound Chevy Tahoe.  She stated that Largent struck the Terrill girl from behind and then left the scene of the injury, drove home, and hide his Tahoe behind some bushes on his property.

The jury began deliberations around 11:30 Friday morning.

NEWS RELEASE -   10/04/04
NEW DEPUTY DISTRICT ATTORNEY HIRED

CANON CITY:  Attorney John Rice will join our experienced prosecution team beginning October 4, 2004.  Rice graduated from the University of Kansas School of Law in 1990.  He was in private law practice in Canon City from 1990 until 1994.  He has been a prosecutor in Pueblo for many years where he prosecuted felonies and was the supervising attorney for juvenile court.

District Attorney Kathy Eberling states, "We are very fortunate to have Mr. Rice join our office.  He is highly regarded throughout the state as an expert in the area of juvenile prosecution.  He has been on the teaching faculty for the prestigious American Prosecutors Research Institute (APRI) and the National District Attorneys Association (NDAA) on many occasions.  He is prepared to prosecute all types and levels of crimes."

Mr. Rice has been married for 24 years and has one daughter.

NEWS RELEASE -   9/16/04
TEEN COURT & DIVERSION FUNDING RECEIVED

CANON CITY:    Ed Rodgers  , District Attorney for the Eleventh Judicial District,  announces that the Office of the District Attorney has recently received funding for the Fremont County Teen Court and One on One Guided Encounter Juvenile Diversion Programs.

In 2001 or 2002 District Attorney Rodgers and District Court   Judge Julie Marshall  began discussing the possibility of developing a Teen Court Program in Fremont County and continued to work on this concept for a couple of years. The Honorable Julie Marshall is actively involved as the Teen Court Judge in the Fremont County Teen Court and District Attorney Rodgers has served as the prosecutor mentor.

In October 2003 the District Attorney Office received initial funding through the State of Colorado, Division of Criminal Justice Juvenile Diversion program. The Fremont County Teen Court and One on One Guided Juvenile Diversion began accepting first time juvenile offenders for Teen Court or One on One Guided Encounter Juvenile Diversion.

The Juvenile Justice and Delinquency Prevention Council of the Division of Criminal Justice has awarded a $20,000 grant to the District Attorney Office based on the Teen Court and One on One Guided Encounter Diversion programs submitted by   Barb Topliss   of the District Attorney Office.

Teen Court and One on One Guided Encounter Diversion Program goals are: to reduce juvenile filings in juvenile court by 10%. These programs will target seventy-two first time offenders between the ages of 11 and 18 with a goal of 90% of the participating youth successfully completing their Teen Court sentence or One on One Guided Encounter Diversion contract.

Restorative justice goals of life skills, enrichment, accountability and participation will be used in Teen Court and One on One Guided Encounter Diversion Programs.

  John Evans   is the Teen Court Coordinator and  Sarah Haberman   is the One on One Guided Encounter Juvenile Diversion counselor.

NEWS RELEASE -   9/16/04
STAFF CHANGES ANNOUNCED IN D.A.'S OFFICE

CANON CITY:   Governor Bill Owens   has announced that he will appoint Assistant District Attorney  Kathy Eberling   as District Attorney for the 11th Judicial District.  She will fill the unexpired term of District Attorney  Ed Rodgers  , who is term-limited and unable to run for re-election.  Mr. Rodgers recently announced his resignation so he could accept a state position as a guardian-ad-litem in El Paso County in Colorado Springs.  Mr. Rodgers was first elected District Attorney in 1988  and was re-elected three times without opposition.

 Eberling's   appointment is effective September 21, 2004.  "Eberling has served the Eleventh Judicial District for sixteen years as a fair and effective prosecutor.  She will provide continuity and stability until the newly elected district attorney takes office in January", stated Governor Owens in a News Release. Eberling received her law degree from Colorado University School of Law in 1979.  Eberling graduated from Pueblo South High School and attended the University of Southern Colorado.

Pueblo attorney  John Rice   will replace Rodgers in juvenile court in Fremont County and will assist the busy Fremont county court.  Rice begins his duties October 4th.  Rice has been a prosecutor from the Pueblo District Attorney's office since 1994.  He is a graduate of the University of Kansas School of Law.  Prior to his prosecutorial experience, Rice was in private practice for four years in Canon City.

Deputy District Attorney  Dave Thorson   will resign his position in mid-November.  Thorson was recently appointed as the new District Court Judge, replacing the retiring Judge  Kenneth Plotz  . Deputy District Attorney  Sean Paris   has been promoted to take Thorson's position as head of the Fairplay office. Thorson is a veteran prosecutor who headed our Fairplay office for Park County for several years.  Thorson graciously agreed to stay on as prosecutor until after the November election so as to allow the newly elected District Attorney input into hiring a new deputy district attorney for Park County.  (Applications for this position as a county court prosecutor are being accepted and should be addressed to Kathy Eberling, District Attorney, at our Canon City office address).  Thorson's appointment by the governor is the second consecutive judicial appointment in the 11th Judicial District that came from the Office of the District Attorney.  The  Honorable C.M. Barton   prosecuted in the 11th Judicial District for several years before being appointed to the bench two years ago.

NEWS RELEASE -   8/18/04
VEHICULAR HOMICIDE DEFENDANT HAS BOND INCREASED DUE TO DRINKING

CANON CITY:  45-year old George Largent  saw his bond increase yesterday from $40,000 cash to $60,000 after a bond hearing yesterday before   District Judge Julie Marshall  .  Assistant District Attorney  Kathy Eberling   presented witnesses who testified that Largent was drinking last Saturday night at an event at the Abbey in Canon City.  It was a condition of his bond that he not drink.  September 3rd is the next court hearing on various motions.  A four-day trial is slated to start on October 4th.  Largent is represented by Pueblo lawyer  Darol Biddle  .

16-year old  Megan Terrill  was killed after she was struck by a truck allegedly driven by  Largent  .  Please see our news release dated 3/31/04 for details.  Largent faces six criminal charges for his alleged involvement in last March's fatal hit-and-run collision that killed 16-year old  Megan Terrill  .

NEWS RELEASE -   6/15/04
ALLEGED "DRIVE BY" SHOOTER SENTENCED TO NINE YEARS PRISON

CANON CITY:  24-year old Roger Zaragoza pleaded guilty to two counts of menacing with a deadly weapon in connection with a drive-by shooting in the fall of 2002 in Canon City.  Zaragoza also pleaded guilty to escape for fleeing from St. Thomas More Hospital in April of 2003 where he had been taken from the Fremont County detention center to be treated for a self-inflicted hand wound.  His escape led law enforcement on a 12-hour manhunt in Canon City.

Under the plea agreement,  Zaragoza   could have been sentenced from 8 to 10 years.  District  Judge C.M. Barton   sentenced Zaragoza to a total of nine years considering both his youth and his extensive juvenile record.  Prosecutor  Marty Barta   handled the case and added that the defendant also pleaded guilty to theft by receiving for having stolen goods and conspiracy to commit first-degree arson in connection with a small jail fire last October.  Both crimes are felonies.

NEWS RELEASE -   6/15/04
TEENAGED DRIVER SENTENCED IN CARELESS DRIVING FATALITY

CANON CITY:  A 17-year old high school graduate from Canon City, now living in California, has been sentenced to one year probation in connection with the traffic death of a former Penrose volunteer fireman.  Fremont County  Judge William Fox   sentenced  Christopher Gunja   to 200 hours of community service and to make a donation of $500 to the Penrose Volunteer Fire Department.   Gunja   had pleaded guilty to careless driving causing death, a traffic misdemeanor.

 Gunja   was driving on Highway 50 just east of the intersection with Highway 115 in Penrose on February 3, 2004.  He approached the scene of a previous accident, swerved to avoid a car stopping directly in front of him, and struck and killed 32-year old  Michael Lynch  , who was attempting to direct traffic.  State patrol reports concluded that  Gunja   was traveling approximately 67 MPH in a 65 MPH zone prior to breaking at the scene and had reduced his speed to 49 MPH at the time of impact with  Mr. Lynch  , who was wearing an orange vest with a reflective stripe on it.  It was lightly snowing at the time.  Neither alcohol nor drugs was involved.  Up until this accident, Gunja had a clean driving record.

NEWS RELEASE -   5/5/04
FORMER DOC OFFICER SENTENCED TO 16 YEARS PRISON FOR INSTIGATING PLOT TO KILL HER HUSBAND

CANON CITY:  A former DOC officer,  Pamela Dickens  , was sentenced to 16 years prison by District Court  Judge C.M. Barton   yesterday in Fremont County District Court.  Dickens received the maximum sentence allowed under a plea agreement where she could have received as little as 8 years.   Dickens   had earlier pleaded guilty to Solicitation to Commit First Degree Murder, a class two felony, for paying a supposed "hitman" $1000 cash and a promise for more to kill her husband, who is also a correctional officer.

At sentencing yesterday, prosecutor Norman Cooling presented evidence in the form of audio phone calls between Dickens and an inmate with whom she was having a sexual relationship.  The inmate cooperated with authorities once it became known that Dickens wanted somebody to kill her husband.  The inmate introduced her to a hitman, who was really a police officer.  Chief Investigator Alex Wold of DOC testified that Dickens had recently bought a one million dollar life insurance policy on her husband's life and that she was the beneficiary.  Wold also played the video tape when Dickens men with the "hitman" to firm up the plan at the Denny's restaurant parking lot in Pueblo.  In the tape, Dickens suggested to the hitman that he should knock out her husband when she was at work and then put the body in their hot tub to make it look like he had drowned.

Judge Barton labeled money as the motivator of the crime and said it gives the DOC a "black eye" because she violated the trust in her imposed by the DOC.  He said he doubted if Dicken's husband would ever be able to trust anybody again.  Cooling told the court that her intended victim was a "psychological mess" because of this and presented bills of the psychological counseling he has received.

NEWS RELEASE -   5/3/04
FREMONT COUNTY MAN BOUND OVER FOR TRIAL IN TERRILL VEHICULAR HOMICIDE CASE.

CANON CITY:  45-year old George Largent was bound over for an October jury trial after the judge found that the District Attorney presented enough evidence to support a Vehicular Homicide felony charge.  Assistant District Attorney Kathy Eberling and District Attorney Ed Rodgers are handling the case for the People of Colorado.  At today's preliminary hearing, Judge Julie Marshall found that "probable cause" did exist to believe Largent committed Vehicular Homicide, a class 3 felony, that carries a presumptive prison sentence of between 4 and 12 years.  A preliminary hearing is a screening device to weed out cases that lack solid evidence to present to a jury.

Largent also faces several other felony and misdemeanor charges.  The case is set for a jury trial October 5-8th.  A motion hearing is set for June 21st at 1:30.  At such a hearing, the defense attorney typically seeks a court ruling to exclude certain evidence or statements allegedly made by a defendant.

16-year old Megan Terrill was killed after she was struck by a truck allegedly driven by Largent.  Please see our news release dated 3/31/04 for details.  Largent faces six criminal charges for his alleged involvement in last month's fatal hit-and-run collision that killed 16-year old Megan Terrill.