NEWS RELEASE -   12/15/2005
DANIEL JENSEN FOUND GUILTY OF FELONY THEFT BY PARK COUNTY JURY FOR STEALING THE REAL ESTATE OF DALE CROWNOVER

(FAIRPLAY) A Park County jury yesterday found Dan Jensen, a former resident of Hartsel, guilty of theft over fifteen thousand dollars, a class three felony.

The case centered around Dale Crownover who in the early part of November of 2002 was arrested for burglary and assault. Crownover remained in the Park County jail for about ten days until Crownover’s daughter contacted Dan Jensen for help in obtaining an eight thousand dollar bond needed to release Crownover from jail. On or about November 22, 2002 Jensen contacted local bail bondman Jack Tanksley of Mountain Jack Bail Bonds, who agreed to post Crownover’s bond but only if Dan Jensen agreed to co-sign on the bond.

Jensen agreed, but demanded that Crownover’s real property act as collateral to secure Jensen’s signature on the bond. This arrangement ensured that if Crownover defaulted on his bond, Jensen could foreclose on the property and reimburse Tanksley for the bond amount if necessary. Jensen’s security interest should have been accomplished by a deed of trust acting as a lien against the property. Jensen instead gave Crownover a quit claim deed to sign listing Helen Young, Jensen’s wife, as the person receiving the property. Crownover signed the document without reviewing it because he knew Jensen had been a licensed realtor and trusted him. The conveyance to Young meant that Jensen had taken himself out of the chain of title and had given up any right to foreclose on the collateral in the event of Crownover’s default on the bond.

Dale Crownover never violated his bond conditions and was sentenced to prison. While in prison Crownover learned for the first time that he had actually quit claimed his property to Young instead of Jensen, and that Young had subsequently conveyed the property to George and Helen Bonn of Buena Vista for consideration benefiting both Jensen and Young. At this time, Crownover reported the theft to the District Attorney’s Office. Crownover’s property was voluntarily returned by the Bonns when they learned of the deception by Jensen and Young regarding the property deal.

D.A. Investigator Betty Royse spearheaded the investigation. Interviews with Jack Tanksley and Dan Jensen confirmed that the purpose of the quit claim deed from Dale Crownover to Helen Young was to secure Jensen’s signature on the bond as a co-signer. Tanksley also indicated that he had confronted Jensen a number of times to insist on the return of the property after Crownover’s bond was discharged by the court. Instead of returning Crownover’s title to his land, Jensen demanded additional consideration for the return of the property. All the while, Jensen had no legal capacity to return the property to Crownover because his name did not appear as the owner of record. Jensen’s manipulation of the quit claim deed resulted in a theft because Crownover was unable to regain title to his property.

Deputy District Attorney Sean P. Paris presented this admittedly complicated case to the jury. Paris relied in large part on the expertise of real estate attorney Edward Giles, Esq. of Denver who testified to the nuts and bolts of real estate conveyancing law to the jury. Although Mr. Giles explained that the quit claim deed resulted in a complete transfer of title to Helen Young, defense attorney Rufus Wilderson of Gunnison insisted that the deed created an equitable mortgage which did not take title away from Crownover but merely created a lien against the property. Mr. Giles, however, explained that an equitable mortgage cannot exist until a court declares its existence, something that had not happened with respect to the Crownover quit claim deed.

After the three-day trial, Paris declared that this case was one of the most difficult cases to prosecute because of the complexities involved in the underlying real estate issues. "It became apparent at the preliminary hearing that we were going to have to bring in someone like Edward Giles to thoroughly educate the jury about the relevant issues in the case and to be able to dispel any erroneous defense theories," Paris stated. The jury deliberated for about two hours before rendering its verdict of guilty against the defendant. Senior Judge Edwin Ruland, a former judge of the Colorado Court of Appeals, accepted the verdict and set the sentencing hearing for February 24, 2006.

NEWS RELEASE -   12/12/2005
DRUG PARAPHERNALIA SELLER GETS ONE YEAR JAIL SENTENCE

(CANON CITY) The owner of the now-defunct Unnecessary Necessities store on Main Street in Canon City has been sentenced to one year in the county jail. This afternoon Fremont County Judge William Fox sentenced 52-year old Harold Davies after he pleaded guilty in a plea agreement with the District Attorney. Davies pleaded guilty to a class one misdemeanor, Illegal possession of a weapon, and in return the D. A. dismissed over 1300 separate counts of sale of drug paraphernalia. Approximately 2300 items of drug paraphernalia like drug-smoking pipes ("bongs") was seized by law enforcement executing a search warrant on Davies business in July, 2004. Judge Fox ordered them forfeited. Judge Fox noted that the defendant was ineligible for probation because he had two prior felony convictions, both drug-related.

The estimated value of the illegal drug items is $12,000, stated Assistant District Attorney Kathy Eberling. The investigation was headed by Canon City police officer Andrew Lopez and Sheriff's detective Mike Jolliffe. Jolliffe testified at sentencing about an undercover police officer in 2001 who was noticeably pregnant entering Davies store and that Davies willingly sold her a crack pipe in Canon City in 2001. He said that Fremont County has a methamphetamine epidemic and Davies capitalized on the drug problem by selling "bongs". Eberling commented that the closing down of this business will make instruments of drug use less available to our children. Eberling reminded the court of a similar 1996 Custer County conviction of Davies. He was represented by attorney Sam McClure of Canon City. McClure asked for a fine to be levied rather than a jail sentence, noting that Davies had posted a disclaimer sign in his store's window that merchandise sold not be used or intended for drug use. Judge Fox said that store supported the drug industry and such conduct was harmful to society.

NEWS RELEASE -   12/9/2005
LAST WETMORE POACHER SENTENCED TO FINES EXCEEDING $27,000

(WETMORE) The last hunter out of a small group of hunters in an October, 2003, poaching rampage, 45-year old Michael O'Neal, pleaded guilty this afternoon to three separate counts of illegal possession of wildlife. By agreement with the District Attorney, O'Neal pleaded guilty to two of the counts being "Samson" violations because of the size of the mule deer buck killed in the Wetmore area. Each "Samson" violation is a $10,000 penalty. He also faces a possible lifetime suspension by the Wildlife Commission of his hunting privilege. Custer County District Judge Julie Marshall called O'Neal's actions a waste and cruel for purposes of fun or for a trophy. Judge Marshall imposed a three-year county jail sentence and suspended it on the condition that he make monthly payments of $455 for the next five years beginning February 1st, 2006. The judge told O'Neal that she would not hesitate to put him in jail if he failed to pay the fines as he has agreed.

Division of Wildlife officer Percy Pope was the lead investigator in the poaching case of the five deer killed out of hunting season. Pope was pleased at the outcome of the case. Citizen involvement and reporting the finding of the dead deer was vital in the investigation. Defense lawyer Mike Emmons said his client was not thinking clearly when the poaching happened because he was taking pain-killing medications. O'Neal apologized to the court and said he was sorry for his actions.

NEWS RELEASE -   12/2/2005
INMATE SENTENCED TO 23 YEARS DOC FOR MURDERING ANOTHER INMATE

(CANON CITY) 34-year old Carlos Herrera-Gonzales pleaded guilty to second degree murder yesterday for murdering another inmate July 1, 2003, at Fremont Correctional Facility. He agreed to the reduced charge and stipulated consecutive sentence after being advised of his rights he was waiving by District Court Judge David Thorson. Herrera-Gonzales agreed to the plea for the stabbing death of inmate Gene Maes. Habitual criminal charges were dismissed in the agreement. Earlier court testimony established that Maes, beat up earlier in the day by the defendant, came to Herrera-Gonzales cell, armed with a padlock when he was stabbed by the defendant. The defendant said at sentencing that he was defending himself, which gave rise to the class three felony murder plea under "heat of passion" circumstances. The defendant was serving a 20-year drug sentence from Denver County. He was represented by Public Defender Dan Zettler.

NEWS RELEASE -   12/2/2005
CANON CITY INMATE CHARGED WITH MURDERING ANOTHER INMATE; SECOND MURDER CASE BOUND OVER FOR TRIAL

(CANON CITY) 36-year old Deon Edwards has been charged with first degree murder in connection with the stabbing death of 38-year old inmate Dorsey Davis. The murder happened April 4th at Centennial Correctional Facility. The public defender has been appointed to represent Edwards. A preliminary hearing is set on February 6th, 2006. Edwards has been in prison for several motor vehicle theft convictions.

In a separate case earlier this week, inmate George Chavez, age 26, was bound over for trial on first and second degree murder charges for the strangulation death of inmate Stephen Meyer, age 48, at the Centennial Correctional Facility in April, 2002. The charges were recently filed because of a long delay in obtaining DNA tests from the Colorado Bureau of Investigation. Evidence at the preliminary hearing linked a single hair found on the shower towel Meyer was wearing when he was killed to be that of Chavez. Meyer was found dead in a shower by Sergeant Jasper Martinez, who testified that he saw Chavez crouched behind a privacy wall next to the shower. Chavez is expected to enter a "not guilty" plea at his next court date, December 14th. Public Defender Dan Zettler is representing Chavez.

NEWS RELEASE -   10/26/2005
WESTCLIFFE MASSAGE THERAPIST GETS PRISON SENTENCE FOR SEXUAL ASSAULT

(WESTCLIFFE) 52-year old Andrew Solazzo, formerly of Westcliffe and presently of Boulder, was sentenced today to a prison term of at least six years and up to the rest of his life after pleading guilty to Sexual Assault, a class four felony. The 56-year old victim reported the sexual assault to Custer County law enforcement in May, 2003 after she called the Custer County Clinic complaining of pain, itching and burning. She then reported that she had sought a massage from Solazzo, but that he then had sex with her without her consent. An exam detected bruises on her arms and inside her legs as well as injuries to her intimate parts.

The defendant had claimed that their sex was consensual. The defendant pleaded guilty under a plea agreement last January, a day before a jury trial was to have started. Under the plea agreement, the defendant could have received probation or a prison sentence. Judge Julie Marshall noted the defendant's denial and his criminal record of an assault in imposing the prison sentence. If he is ever released, he will be on parole for the rest of his life. Last week, the defendant unsuccessfully tried to withdraw his guilty plea, saying that he suffered from anxiety disorder and did not know what he was agreeing to. He also had complained that his previous lawyer, Cory TenBrink of Pueblo did not effectively represent him.

NEWS RELEASE -   10/13/2005
COURT OF APPEALS VACATES REDUCED SENTENCE IN GUFFEY TRIPLE HOMICIDE CASE

(DENVER) On October 13, 2005, the Colorado Court of Appeals set aside an order reducing the prison sentence of Isaac Grimes, the teenager who killed his "best friend" Tony Dutcher on New year’s eve of 2000 by slashing his throat. Grimes was convicted of second degree murder of Tony Dutcher and conspiracy to commit the murder of Tony’s grandparents Carl and Joanne Dutcher and was sentenced to serve a sixty year prison sentence. Grimes’ co-defendant’s Simon Sue and Jonathan Matheny were also convicted of conspiracy to commit second degree murder and committing unlawful acts under Colorado’s organized crime Act and were sentenced to serve 53 and 68 year prison sentences respectively.

Deputy District Attorney Sean P. Paris objected to District Judge Kenneth M. Plotz reducing Grimes’ sentence because of the lengthy delay in having the court consider a request for a sentence reduction. Paris argued that Grimes had long since abandoned his motion for reconsideration by not taking any actions to secure an expeditious ruling. Judge Plotz denied the prosecution’s request and proceeded with the hearing. At the conclusion of the lengthy hearing, the judge reduced Grimes’ sentence from sixty years to fifty years.

Deputy District Attorney Sean P. Paris then filed an appeal with the Colorado Court of Appeals challenging the jurisdiction of the trial court in granting Grimes’ request for a sentence reduction. The three judge panel ruled that Park County District Court Judge Kenneth Plotz should have considered whether the court still had jurisdiction to rule on a request to reduce the sixty year prison sentence when the matter finally came on for a hearing some thirty-two months after the original sentencing date. The appellate court vacated the sentence reduction order and has remanded the case back to Park County so that the district court can properly consider its jurisdiction to rule on the request for sentence reduction in light of (1) the length of the delay, (2) the reasons for the delay, and (3) Grimes’ efforts, if any, to expedite a ruling on his motion for a sentence reduction.

Paris stated that given the state of the record, Grimes’ will have a tremendous burden to show that he had not abandoned his motion when it finally came before the court for a hearing. The Court of Appeals has paved the way for a reinstatement of the original sixty year prison sentence.

NEWS RELEASE -   8/22/05
61-YEAR OLD TEXAS LAW ENFORCEMENT OFFICER ARRESTED IN SEXUAL ENTICEMENT OF CHILD

(CANON CITY) Larry Floyd, of Denton County, Texas, was arrested by Canon City Police July 28th at a local restaurant following an undercover computer crime investigation. A preliminary hearing and bond reduction hearing will be held on September 16th in Fremont County District Court. Police began their investigation in early June by logging into an internet "chat room". A "chat room" is a place on the internet where numerous people can "meet" by exchanging live typed messages with one another, similar to a big conference telephone call, but in typed form. It is alleged that Floyd contacted her via his computer and later via e-mail and telephone calls. The conversations turned sexual focusing on the undercover officer's fictional young daughter. The undercover officer and Floyd allegedly agreed to meet in Canon City, whereupon Floyd was arrested.

Floyd is charged with three counts of Attempted Sexual Assault on a Child, three counts of Enticement of a Child, and one count of Soliciting For Child Prostitution. Because the crimes are sex offenses, the potential penalty is an indeterminate sentence of from two years to natural life in prison. He could also receive lifetime probation. Floyd is in the Fremont County jail on a $100,000 bail.

NEWS RELEASE -   8/3/05
TIMOTHY JUSTIN SOUTA CONVICTED OF 4TH DEGREE ARSON

(FAIRPLAY) Timothy Justin Souta was found guilty by a Park County jury this week of 4th Degree Arson after a home that he was staying in was consumed by flames. Mr. Souta had been hired to help remodel the home, and was spending the night after working late. A fire that he started in the fireplace got out of control in the early morning hours of November 11, 2004, and substantial damage to the house resulted.

Deputy District Attorney Brian Green called four witnesses for the prosecution's case: Sergio Lamar, the homeowner; Jake Haubold, a volunteer firefighter with the Platte Canyon Fire Department; Agent Jerry Means, with the Colorado Bureau of Investigation; and Detective Amy Franck of the Park County Sheriffs Office. Mr. Souta was represented by Suzanne MacDonald of Buena Vista.

The jury determined that Mr. Souta's behavior was reckless because he was burning logs that were too large to fit in the fireplace insert. Following the guilty verdict, Mr. Souta was sentenced to 90 days jail with a $1000 fine, both suspended on the condition that he perform 60 hours of public service. A hearing to determine the appropriate amount of restitution will be held on October 3rd, 2005.

NEWS RELEASE -   8/3/05
TWO DRUG DEALERS SENTENCED IN CUSTER COUNTY

(WESTCLIFFE) One local man and a California resident each were sentenced yesterday in Custer County District Court for dealing methamphetamine in 2001. Judge Julie Marshall said 61-year old Albert Spatziani "earned every year" she was giving him sentenced him to eight years in the Department of Corrections. Spatziani pleaded guilty earlier this year to Unlawful Distribution of a controlled substance, a class three felony. Under a plea agreement, Spatziani faced a sentencing range of between six and eight years. Custer County Sheriff Fred Jobe testified at sentencing that Spatziani was one of the largest drug dealers in his county over the past ten years. When law enforcement searched Spatziani’s residence last June, they found several guns, around 3 grams of methamphetamine and $6400 in cash. Under the agreement, the sheriff’s office was awarded the cash.

In a separate, but related case, 41-year old Lonnie Clifford Skillman, of California, was sentenced to four years in the DOC, but it was all suspended by the judge on the condition that he successfully serve four years of probation, including 90 days in the Custer County jail, and pay a $25,000 fine to the sheriff’s office. Skillman had earlier pleaded guilty to Unlawful Possession of a controlled substance. Skillman’s involvement in the 2001 case was mailing four ounces of meth to Mike Neal of Westcliffe, with a note inside saying "give Al (Spatziani) a taste". Deputy District Attorney Norm Cooling and Sheriff Jobe tried unsuccessfully to convince the court to give Skillman a DOC sentence. They pointed to the fact that Skillman mailed the meth while he was on probation in California for trafficking in drugs. CBI agent Pat Crouch testified that the street value of that much meth was $11,200. Jobe testified that such a quantity of meth was the largest amount his office had encountered over the years. The court noted that Skillman has now gotten out of the drug scene and had not gotten into any further legal trouble since 2001.

NEWS RELEASE -   7/15/2005
SHANE MATTHEW DAVISON CONVICTED OF CONSPIRACY TO DISTRIBUTE METHAMPHETAMINE

(FAIRPLAY) After an arduous weeklong jury trial, a Park County jury returned verdicts of guilty against Shane Matthew Davison for conspiracy to distribute the controlled substance of methamphetamine as well as two lesser charges. The jury also acquitted Davison of distribution and possession of methamphetamine. The case centered on the last week of September, 2004 when the Defendant arranged with Jason Stalnaker to transport methamphetamine from the Denver metro area into Fairplay. Once the drugs arrived in Fairplay, they were further distributed to end users.

The Defendant resided at 501 Front Street in Fairplay with Melissa Robataille and Mike Hamner. This residence became center stage for the illegal consumption of methamphetamine. When the father of one the party-goers became suspicious of his daughter’s absence during the early morning hours of September 29, he tracked her down to the residence on Front Street, retrieved her, and demanded she submit to a urinalysis test. The father reported the positive test result to the Park County Sheriff’s Office which immediately started an investigation.

Sergeant Mike Brown with the Park County Sheriff’s Office tracked down the young woman and quickly developed enough information to obtain a search warrant for the Front Street residence. The search of the house turned up numerous items of drug paraphernalia used in the distribution and sale of methamphetamine. Davison and his room mates were arrested. During this entry, Davison admitted that his co-conspirator Jason Stalnaker was on his way back from Denver with another drop of methamphetamine. Deputies with the Park County Sheriff’s office were able to intercept Stalnaker just outside of Fairplay. A cursory search of Stalnaker revealed the presence of seven grams of methamphetamine. The evidence during the trial also indicated that Davison’s girlfriend, Melissa Robataille, on at least one occasion referred a methamphetamine user to Davison.

Davison’s conviction closes another chapter in the ongoing saga of bringing drug dealers to justice. Jason Stalnaker, Melissa Robataille, and Misty Martinez previously entered guilty pleas to various drug related charges and were given sentences ranging from probation to prison time.

The case was prosecuted by Deputy District Attorney Sean P. Paris. The defendant was represented by C.J. Pollara of Denver. Paris explained that discerning the credibility of the various participants to the crime was particularly challenging during the trial since none wanted to testify against Davison and all had motives to tell untruths. The complexities of deciphering the truth were further underscored when the jury submitted two questions to the judge regarding the interpretation of the lengthy jury instructions and reached its verdict after more than six hours of deliberation. Senior District Court Judge Nieschburg accepted the verdict, required a new bond be posted, and continued the matter for sentencing until October.

NEWS RELEASE -   6/29/05
PARK COUNTY JURY CONVICTS FAIRPLAY MAN OF MENACING WITH A DEADLY WEAPON, PROHIBITED USE OF A WEAPON AND OBSTRUCTION OF TELEPHONE SERVICE

(FAIRPLAY) A Park County jury on June 28th returned guilty verdicts against Jack Leweke, Jr. of Fairplay, Colorado, for menacing with a deadly weapon, a felony, prohibited use of a weapon and obstruction of telephone service. The case arose out of an argument Leweke had with his mother over his pending criminal charges in another case. Overwhelmed with self destructive feelings, Leweke went to his bedroom, retrieved an AK-47 styled assault rifle and discharged it accidently. This event escalated an already tense situation when Leweke went out on the deck and fired the remaining twenty three rounds into the air.

Awakened by the commotion, Jack Leweke, Sr., the Defendant's father called the 911 operator expressing his fear and concerns over the situtation. At some point during this conversation, Jack Leweke, Jr. approached his father with a knife and reached toward the father's head and upper torso area with the knife, causing terrible fright. The Defendant then cut the phone cord to the handset leaving the father without the assistance of the 911 operator.

The case was prosecuted by Deputy District Attorney Sean P. Paris. The Defendant was represented by the Deputy Public Defender Patrick W. Murphy. Deputy District Attorney Paris remarked to the jury that the case was difficult given that the Defendant was obviously crying out for help but any outcry cannot endanger the safety of those around him; "the defendant must be held to account." The jury deliberated for thirty minutes before reaching its verdict. Judge Charles M. Barton accepted the verdict and immediately remanded the Defendant to the custody of the Sheriff's Office. The sentencing hearing is set for later this summer.

NEWS RELEASE -   4/29/2005
CRAIG MAN FOUND GUILTY OF HARRASSMENT, DOMESTIC VIOLENCE IN PARK COUNTY

(FAIRPLAY) A Park County jury yesterday found Adam Ruiz, of Craig, Colorado, guilty of harassment and domestic violence against his ex-wife. The charges stemmed from a series of profane and intimidating phone calls made by Ruiz in the early morning hours of October 2nd, 2004.

Deputy District Attorney Brian Green prosecuted the misdemeanor case before Park County Judge Stanley Mayhew. The jury of six returned its verdict after deliberating for over three hours. Evidence in the case included recordings from the victim’s answering machine, testimony from the victim and her sister, observations of the responding officers, and expert testimony from Mary Pat Bowen, the victims’ advocate for the Park County Sheriffs Office.

Ruiz was sentenced by Judge Mayhew to one year supervised probation, and he is required to complete domestic violence counseling and undergo a drug and alcohol evaluation.

NEWS RELEASE -   4/27/2005
DUI CASE RESULTS IN TWO PERJURY CONVICTIONS

(FAIRPLAY) 18-year old Dustin Shackles and Lindsi Parks, 18, both Bailey area residents, pled guilty Tuesday to committing perjury in a Park County Court DUI case. Shackles was immediately sentenced by Park County District Judge Charles Barton to 10 days in jail, one year probation and ordered to write a letter of apology to Park County Judge Stanley Mayhew. Parks will be sentenced on May 26, 2005.

The perjury charge arose from sworn testimony given by Shackles and Parks in a jury trial held on March 24, 2005 against defendant Bryan Brown, 20, also from the Bailey area. The case was prosecuted by Deputy District Attorney Sean Paris. Brown was represented by defense counsel Jason Brewer.

Shackles, Parks, and Brown, along with others, attended a graduation party in May 2004 at which alcoholic beverages were consumed by the party-goers, all of whom were underage. Brown’s wrecked truck was discovered the next morning near the residence where the party was held. An investigation by Park County law enforcement officials resulted in charges filed against Brown for driving under the influence of alcohol, careless driving, failure to report an accident, and minor in possession of alcohol.

After testimony given by the witnesses who attended the party, it became obvious that the testimony of Shackles and Parks as to the whereabouts of Shackles at the time of the accident with the truck was not truthful. An investigation was conducted by District Attorney Investigator Betty Royse, and resulted in confessions by Shackles and Parks that they had conspired to make false statements to the officers investigating the accident, and to subsequently testify that the statements were the truth in order to conceal the fact that Shackles had been with Brown when the accident occurred with Brown’s vehicle.

As a result of the false testimony and in the interest of justice, Deputy District Attorney Paris dismissed the charges against Brown in mid-trial, with the exception of the charge of underage possession of an alcohol to which Brown entered a guilty plea.

Judge Charles Barton, in handing down the sentence to Shackles, agreed with Deputy District Attorney Paris that speaking the truth in court is one of the bedrock principles of our judicial system. "We are in the business of words", said Judge Barton, "and the court must be able to rely on them at all times".

NEWS RELEASE -   4/20/05
PUEBLO MAN FOUND "GUILTY" OF UNLAWFUL POSSESSION OF "SAMSON" DEER IN WETMORE 2003 POACHING CASE

(WESTCLIFFE) A Custer County jury found 37-year old Troy Evans of Pueblo guilty of unlawful possession of a deer after a two-day jury trial. The jury also found that the spread of the dead deer's antlers measured over 22 inches. By the "Samson" law, that special finding will result in a mandatory $10,000 fine, in addition to the approximately $1000 penalty for having the deer. The "Samson" law was passed a few years ago after a huge deer with a large "rack" of antlers was poached and the legislature wanted to protect such "trophy" wildlife from being illegally hunted.

Evans is to be sentenced June 16th by County Judge Peter Michaelson. Evans had originally faced four counts, but the court determined half-way through the trial that the evidence on three of the counts was too weak to be considered by the jury. Evans was represented by Pueblo lawyer Darol Biddle.

At trial, Colorado Division of Wildlife officers Percy Pope, Don Rodriguez, and Ron Zagar testified to at least five deer being killed out of season in late October, 2003, in Wetmore. Citizens reported to DOW officers the discovery of two mule buck deer bound together with a blue tie strap, antlers cut off, and left dead on the shoulder of County Road 295 in the Wetmore area. Investigators found the two antlers on top of the roof of the Lone Pine Restaurant in Wetmore and eventually charged the restaurant's manager, Mike O'Neal with several poaching violations, too. O'Neal faces trial later this summer and is the remaining defendant. Other defendants have previously reached plea agreements with the District Attorney.

DOW officer Matt Martinez and investigator Jay Sarasan told the jury that Evans admitted to them in a November 7th interview that he had caped one of the 3 dead bucks that was found covered with a blue tarp in back of the Lone Pine by officers on October 31st. Evans testified that he did not tell them that; instead, he only showed up at the restaurant at O'Neal's request to show them the proper way to cape a deer.

NEWS RELEASE -   4/6/05
DISTRICT ATTORNEY CHILSON SUCCESSFUL IN VICTIM RIGHTS CASE

(DENVER) The Colorado Supreme Court upheld last week the victim-advocate privilege in a Chaffee County court case, a victory for victim rights advocates. District Attorney Molly Chilson represented the Alliance Against Domestic Abuse, when she was in private practice last year.

The case stemmed from a domestic violence case wherein the defendant, Robert Turner, Jr., sought by subpoenas production of records of the victim from the Alliance, from whom the victim had sought assistance. The trial court agreed with the defense that such records from the Alliance must be produced. Attorney Chilson successfully argued that the victim-advocate privilege must be construed to include all communications between the victim and the Alliance, including records of assistance provided. Any other construction would weaken the entire purpose and thrust of the law, namely, the protection of victims of domestic violence from any further abuse.

The Supreme Court agreed with Chilson. It held that the plain language of the law must be construed in a manner designed to serve the underlying objective of the privilege. Further, the Court held that the defendant may not obtain records of any assistance, advice or other communications provided by a victim's advocate unless he demonstrates that the victim has waived the privilege. It recognized the strong public policy to keep victims records confidential.

NEWS RELEASE -   3/16/05
CUSTER COUNTY JURY CONVICTS WESTCLIFFE MAN OF WEAPONS VIOLATION

(WESTCLIFFE) Frank "Brad" French was found guilty of the felony of Possessing a Weapon by a previous offender yesterday. French was also acquitted of a second count of that same crime by a Custer County jury. French was found guilty of possessing a rifle that he used to shoot and kill a black bear in September, 2003. DOW officer Becky Manley testified about the harvest form French completed in her presence on September 9th. That form amounted to a confession that French in fact possessed a rifle, argued Deputy D.A. Norman Cooling in his closing argument. Custer County Sheriff Fred Jobe testified that he followed up on a tip from the defendant's ex-father-in-law about French's felony conviction. Jobe was able to confirm the existence of the felony by talking with representatives of the Pueblo County District Attorney's office.

French, convicted of felony criminal mischief in 1997 in Pueblo County, represented himself and tried to present evidence and argument that nobody ever told him that he could not possess a firearm. Cooling argued that ignorance of the law is not an excuse, nor a valid defense.

French will be sentenced by Judge Julie Marshall on April 28th in Westcliffe.

NEWS RELEASE -   3/8/05
FAIRPLAY JURY CONVICTS TENANT OF WRITING FRAUDULENT CHECKS TO LANDLADY

(FAIRPLAY) A Park County jury today returned guilty verdicts on two counts of theft and two counts of Fraud by Check ,both felonies, against Marc Trimmel of Frisco. The case arose out of Trimmel’s issuance of three checks to his landlady which did not clear his bank account. The prosecution’s evidence at the trial established that during the relevant time period Trimmel’s account never had a balance sufficient to cover any of the checks. Marc Trimmel continued his activity in spite of notices from his bank and the Fairplay Police Department regarding his delinquent account.

The case was prosecuted by Deputy District Attorneys Sean P. Paris and Brian L. Green. At the conclusion of the case, Judge Charles M. Barton ordered a presentence investigation and report. Trimmel will be sentenced on May 3, 2005. Paris remarked that the biggest consideration at sentencing will be to properly account for any outstanding restitution to ensure that the victim is made whole.

NEWS RELEASE -   2/16/05
SEX OFFENDER ARRESTED IN NICARAGUA ON PROBATION VIOLATION COMPLAINT

(FAIRPLAY) On Friday, February 11, 2005, the United States Department of State notified the District Attorney’s Office in Fairplay that Steven Larry Wolf was arrested by Nicaraguan authorities on a local immigration violation. Wolf’s arrest led to his immediate expulsion from the country. Wolf was escorted by U.S. security personnel to Miami, Florida where he is now held on a $500,000 Park County warrant arising out of a probation violation relating to his 1995 aggravated incest case. Wolf is expected to arrive in Fairplay within the next two weeks where he will be advised on the probation complaint

Wolf’s arrest and deportation marks the second time that Wolf fled to Nicaragua and was forcefully deported back to the United States to face the alleged violations of his probation. The $500,000 bail amount should ensure Wolf’s presence during this next round of court proceedings.

NEWS RELEASE -   2/7/05
SALIDA JURY CONVICTS HUNTER OF FELONY HUNTING VIOLATION

(SALIDA) On Friday, February 4th, a jury of twelve returned a verdict of Guilty to all counts charged in a wildlife case after hearing three days of testimony. James W. Gordon II of Evergreen was convicted of Willful Destruction of Wildlife (a felony), Waste of Edible Game Meat, Illegal Possession of Wildlife, and Failure to Tag (all misdemeanor offenses). Sentencing will be April 6th. He faces a mandatory $10,000 fine in addition to other fines because it involved a Rocky Mountain goat. He also faces a potential lifetime suspension of his hunting privilege.

Deputy District Attorneys Chip Cutler of the Salida office and John Rice of the Canon City office prosecuted the case to a 12-person jury. The case involved a Rocky Mountain goat that was taken in September of 2003. James W. Gordon II had a license to hunt and kill a Rocky Mountain Goat, but after successfully shooting the animal, failed to take any of the meat from the carcass or otherwise preserve the meat for human consumption. Instead, he took the head, full hide, and hooves for preparation of a full body mount trophy and abandoned the carcass on a mountainside near Hope Gulch near Buena Vista. Local Division of Wildlife Officers and DOW officers from the Hot Sulphur Springs Area investigated the wastage and brought the charges against Mr. Gordon.

The investigation was spear-headed by District Wildlife Manager Randy Hancock. Cutler told the jury that animals such as the Rocky Mountain goat are a "precious resource" for the State of Colorado and, as such, "must be protected by enforcement of the laws meant to preserve them."

NEWS RELEASE -   2/7/05
COTOPAXI MAN GET 40 YEAR SENTENCE IN MURDER CASE

(CANON CITY) 48-year-old Kenneth Myers has been sentenced to 40 years in prison for killing his tenant. Ralph Weaver was shot and killed last August 9th in the Copper Gulch area in rural Fremont County.

Myers pleaded guilty to Second Degree Murder in a plea agreement in which the District Attorney dismissed the more serious First Degree Murder charge.

Weaver's common-law wife, Theresa Huffer, testified at sentencing. She told Judge David Thorsen that her family has suffered because of Myers and that he would hurt somebody else if he ever got out on the streets again.

The defendant and Weaver reportedly got into an argument over property that Weaver was attempting to buy from Myers. Sheriff's reports indicate that Myers confronted Weaver on a county road that afternoon. Weaver was standing in front of his pickup truck and blocked Myers path, which led to the shotgun shooting.

The victim's daughter, Melody Weaver, told the judge that since her father's death, she has attempted suicide and has gotten into trouble at school.

NEWS RELEASE -   1/25/05
FORMER WESTCLIFFE MASSAGE THERAPIST PLEADS GUILTY TO SEXUAL ASSAULT

(WESTCLIFFE) A former Westcliffe massage therapist, 51-year old Andrew Solazzo, now of Boulder, pleaded guilty yesterday afternoon to sexual assault, a class four felony. District Judge Julie Marshall advised the defendant yesterday in Canon City and accepted his guilty plea. A jury trial was to have started yesterday afternoon in Westcliffe, but was vacated after Solazzo entered his guilty plea.

She advised him that the potential sentence could be probation from 10 years long to life or for prison, a minimum two years to life. Solazzo will be sentenced March 28th in Custer County District Court in Westcliffe. Another count of sexual assault was dismissed pursuant to the plea agreement entered into in Canon City. Pueblo lawyer Cory TenBrink represented the defendant, while Deputy District Attorney Norm Cooling prosecuted the case. Cooling noted that he and the victim were both relieved that she did not have to testify at trial. Solazzo is required to undergo a psycho-sexual evaluation prior to sentencing.

The sexual assault happened in May 2003, and involved him giving a massage treatment to a female client in Westcliffe. It is our policy to not disclose further details of sex assault cases to safeguard and respect the victim's privacy.

NEWS RELEASE -   1/25/05
CANON CITY MAN FOUND GUILTY OF SEX ASSAULT ON A CHILD

(CANON CITY) 53-year old Condelario Woodson was found guilty last Friday afternoon of sexual assault on a child and another felony, sexual assault on a child in a pattern of abuse. Woodson was taken into custody immediately after the verdict, pending sentencing, which is required by statute. The jury deliberated two hours after hearing a week of testimony.

Sentencing is set for March 18th in front of Judge Julie Marshall. He faces a potential life in prison sentence for his crimes, according to Assistant District Attorney Kathy Eberling who successfully prosecuted Woodson.

It is our policy to not disclose further details of sex assault on a child cases to safeguard and respect the victim's privacy.

NEWS RELEASE -   1/21/05
MURDER CHARGE FILED IN 2003 PRISON STABBING

(CANON CITY) 33-year old Carlos Herrera-Gonzales faces charges of First Degree Murder and Tampering with evidence as he is accused of fatally stabbing a fellow Fremont Correctional Facility inmate in July, 2003. DOC investigators and the District Attorney's office delayed filing the charges until just a week ago so they could review DNA lab results in the case. Investigators conducted extensive interviews with over one hundred inmates.

One July 1, 2003, 38-year old inmate Gene Maes approached a correctional officer at the control room of cellhouse 8 at FCF. Maes was bleeding profusely from wounds on his left side. He left a blood trail that indicated he had come to the control room to get help after jumping off the second tier onto the first tier to get away from the defendant. Maes died in surgery from multiple stab wounds to his side.

Herrera-Gonzales faces the Tampering charge as he allegedly got rid of the murder weapon. The defendant will be advised in court of the charges on February 22nd.

NEWS RELEASE -   1/20/05
CUSTER COUNTY MURDER SUSPECT GETS 12 YEAR PRISON SENTENCE

(WESTCLIFFE) A Custer County man, Cecil Mercer, has pleaded guilty today to two drug charges and was sentenced by Custer County District Judge Julie Marshall to a stipulated 12-year prison sentence.

Mercer had been charged with numerous crimes including First Degree Murder in connection with the death of his wife, Dianne Mercer. He had reported his wife missing in February 2003 to the Custer County Sheriff's office. Her decomposed body was found in May 2003 bound in a tarp at the bottom of a ravine that had been an unofficial dump site in rural Custer County.

Under the plea agreement, Mercer could still be tried on the murder charge if authorities develop new and additional evidence. Assistant D.A. Kathy Eberling said there is no statute of limitations for murder. She approved this agreement after Custer county investigators developed information that an alternative suspect may have been involved in the murder. Eberling said the evidence is clear that Mercer is a drug dealer and this agreement holds him accountable for that and takes him off the streets of Westcliffe, while simultaneously allowing sheriff investigators an open window to develop new evidence against him.

Custer County Sheriff Fred Jobe said he agrees with this plea agreement, saying it is a "good way to go" considering the additional evidence they developed after Mercer had been charged with the murder. He complimented the District Attorney's office for its extensive work and time spent on the case. Jobe said they will be able to develop additional evidence on the murder case.

Mercer pleaded guilty to a class three felony of Unlawful Sale & Distribution of a Controlled Substance from a November 2001 drug transaction and to a class six felony of Unlawful Possession of one gram or less of methamphetamine, a controlled substance. Mercer has been in the Custer County Jail since his arrest, unable to post bond. He was sentenced by Judge Marshall in Canon City this afternoon.