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NEWS RELEASE (11/30/2006) FORMER TEXAS CONSTABLE PLEADS GUILTY & WILL BE SENTENCED TO SIX YEARS TO LIFE IN PRISON (Canon City) 62-year old Larry Dale Floyd pleaded guilty to three counts of Sexual Exploitation of a Child involving a minor girl today in Fremont County District Court. Judge Marshall accepted a plea agreement and sentenced the former Denton County constable to six years to life in prison. He was arrested in early 2006 for his role in trying to arrange to have sex with an eight year old. The Canon City police department had an officer act as a young girl in an internet chat room where Floyd contacted her through his computer. Floyd averted a jury trial which was to have begun next Monday. Sentencing will be January 23, 2007. It will largely be a formality because the defendant has agreed to the proposed sentence in today's guilty plea. Assistant District Attorney Kathy Eberling thanked the local police department and the Denton County District Attorney's office for their hard work investigating and compiling evidence to convict Floyd. UPDATE: (1/23/2007) Judge Marshall this afternoon sentenced Floyd to a minimum of six years in prison and it could be for the rest of his life on each of three counts of sexual exploitation of a child. Judge Marshall called the crime "horrendous". The other counts involved having sex with an 18-month old baby boy and a three-year old girl.
NEWS RELEASE (10/10/2006) FORMER QUIZNO'S VP BOUND OVER FOR TRIAL IN INTERNET CHILD SEX CASE (Canon City) Scott Lippitt, a former Quizno executive from the Denver area, was bound over for trial today after the judge found that probable cause existed on several felony counts. Judge Marshall heard testimony from Canon City Police Officer Michelle Sage, who assumed a Yahoo profile of a 13-year old girl and entered a yahoo "chat room" on the police computer. She testified that a man, identified in court as the defendant, engaged in four "chats" with her in July and August of this year. The talk turned to sex within the first six minutes of "chat" and culminated in the defendant telling her online how to masturbate. That is the essence of a new felony that became law July 1, 2006, called Internet Luring of a child. Eventually, her character agreed to meet him at a secluded place in Canon City, where he was arrested. A search of his car at the scene revealed a backpack full of condoms and sex toys. Lippitt's statement to police that night was that he thought she was 18, not 13 years old. A jury trial is scheduled the week of March 26, 2007. He has posted a $100,000 cash bond and is at liberty as his case progresses. Bond will be argued on November 8th, the next court hearing. The D.A. has filed a motion to increase his bond, while the defense has filed a motion to decrease his bond.
NEWS RELEASE (10/05/2006) FLORENCE MAN GETS LIFE-NO PAROLE SENTENCE FOR 2004 MURDER (Canon City) A Florence man, 27-year old Christopher Jordan, yesterday received the mandatory sentence for first-degree murder, life with no chance of parole. Jordan was convicted in an August jury trial for the shotgun slaying of 57-year old Gene Moore, also of Florence. Moore was shot dead with his own shotgun in his own home back in November 2004. Yesterday's formal sentencing provided some of Moore's friends and relatives the chance to tell the court how they felt about the crime.
NEWS RELEASE (10/03/2006) FORMER ELEMENTARY SCHOOL TEACHER PLEADS GUILTY TO SEXUAL ASSAULT ON A CHILD UPDATED 11/22/06 Overstreet was sentenced today to an indeterminate period of at least two years in prison and it could be for the rest of her life. (Canon City) 33-year old Jennie Overstreet, a former sixth-grade teacher at Lincoln Elementary School in Canon City, yesterday pleaded guilty to two felony counts of Sexual Assault on a Child. She will be sentenced by Judge David Thorson on November 22, 2006. The plea agreement was announced in court by District Attorney Molly Chilson and defense lawyer Mike Gillick. It calls for Overstreet to receive a DOC sentence of an indeterminate period of at least two years and a maximum sentence of life. She will be required to register as a sex offender. The victims were two of her former male students. The sexual assaults were committed in her home, where her own children lived with her. A presentence investigation will be prepared by the probation department so the judge has more information upon which to base his sentence.
NEWS RELEASE (9/01/2006) CHILD ABUSER GIVEN RIGID PROBATION TERMS (Canon City) 35-year old Richard Steven Valdez was given two years probation Wednesday in connection with the mid-May near-drowning of three small children in a swimming pool. Valdez pleaded guilty to distribution of methamphetamine, domestic violence charges and a count of child abuse causing serious injury due to negligence. The three children were treated and released from area hospitals. During his two years probation, he will have to walk a strict line and not violate any conditions of his probation or else face a 16-year prison sentence. His probation requires him to have drug treatment, no "hot" urinalysis tests, complete domestic violence counseling, and abide by all requirements of the Department of Human Services, who has custody of his son, who nearly drowned. He was released from jail and will be required to participate in the drug court program. NEWS RELEASE (9/01/2006) MANHUNT SUBJECT'S BOND LOWERED (Canon City) District Judge David Thorson lowered bond from one-half million dollars to $30,000 for 28-year old James Hiltz of Fremont County after a court hearing. Hiltz was the subject of a three-day manhunt in Western Fremont County in connection with the killing of his 17-year old sister, Candace Hiltz. The girl was discovered dead at her mother's Copper Gulch area residence August 15th. Hiltz remains a person of interest in the continuing investigation of the murder, according to Deputy D.A. Thom LeDoux. Thus far, Hiltz is charged with first-degree burglary with a deadly weapon, second-degree burglary of a dwelling, and first-degree trespass. Judge Thorson lowered the bond and noted that no murder charges that would justify a very high bond have been filed by the District Attorney. Despite lowering the bond, Hiltz, as of Friday morning, was unable to post bond and remained in the Fremont County jail. NEWS RELEASE (9/01/2006) MAN FOUND GUILTY OF ETHNIC INTIMIDATION AT LAKE DEWEESE (Westcliffe) District Attorney Molly Chilson announced today the conviction of a Westcliffe man for Ethic Intimidation, Bias Motivated Crime, Menacing and Disorderly Conduct in connection with an incident that occurred at Lake DeWeese on Memorial Day, 2005. A Custer County jury of six returned the guilty verdicts against Jason Coleman after a two day trial. The jury heard the testimony of seven witnesses who were camped at Lake DeWeese on May 28, 2005 with family and friends when a group of white men invaded their camp. The victims were individuals of Spanish ancestry from Pueblo and Colorado Springs who had been vacationing at Lake DeWeese for many years. Their party also included a friend who was African American. The intruders came into the camp at approximately 2:00 a.m., shouting racial slurs and threatening to beat and kill everyone in the camp. The witnesses told the jury they did everything they could to diffuse the situation and calm the intruders. The campers told the men they had senior citizens and children in their camp and that they didn't want any trouble. The intruders responded by saying "We don't care. We'll kill you and we'll kill your kids, too." The intruders called the campers "spics, nigger-lovers, beaners, taco benders, and burritos" and told them to "go back to Mexico". As one of the campers was calling 911, the intruders left in a vehicle, threatening to return with bats and guns. The Defendant, Jason Coleman, was identified by the witnesses as one of the intruders who terrorized their camp that night. The case was prosecuted by District Attorney Molly Chilson and Deputy District Attorney Rex Kindall. The Defendant was represented by Jeff Manning of Canon City. The Honorable Peter Michaelson presided over the trial. Jason Coleman is scheduled to be sentenced in October.
NEWS RELEASE (8/29/2006) JORDAN FOUND GUILTY OF MURDER; FACES LIFE SENTENCE (Canon City) 27-year old Christopher Jordan of Florence faces a mandatory life sentence without the possibility of parole for the 2004 shooting death of his neighbor. A Fremont County jury last week found Jordan guilty of felony murder during the commission of first-degree burglary, second-degree murder, and two counts of first-degree burglary. Jordan will be sentenced October 4, 2006 by District Judge David Thorson. The case was successfully prosecuted by District Attorney Molly Chilson and Deputy D.A. Thom LeDoux. 57-year old Gene Moore was killed by a shotgun blast from Jordan according to the jury's verdict. The prosecution argued that Moore was killed after he had been asked for money by Jordan to pay for Jordan's car repairs. Law enforcement executed a search warrant back in November, 2004 on Jordan's residence. They found Moore's credit card and a receipt for a video game system in a pair of Jordan's pants. Defense attorneys Daniel Zettler and Magdalena Rosa represented Jordan and plan to appeal. They had argued unsuccessfully that Jordan had witnessed another man shoot Moore over an alleged $4000 debt. Chilson thanked the jury for its hard work and service during the two-week long trial.
NEWS RELEASE (8/28/2006) SALIDA MAN FOUND GUILTY OF DRUG AND INTIMIDATION CHARGES (Salida) 24-year old Christopher Soules was found guilty of several felonies last week by a Chaffee County jury. Deputy District Attorney Chip Cutler successfully prosecuted Soules, culminating a two-year long investigation. Soules was the first person prosecuted in Chaffee County for an organized crime act, which carries more serious penalties at sentencing. He was convicted of intimidating a witness, distribution of methamphetamine, possession of a weapon by a previous offender, aggravated robbery with an armed confederate, menacing, and first-degree burglary, among the charges. The investigation revealed that Soules was dealing meth in an organized manner involving other defendants. Their objective was to profit from their crimes, which led to the organized crime act violation. Area law enforcement conducted their joint investigation, including the D.A.'s office, the Chaffee County Sheriff's Office, the Buena Vista and Salida Police Departments. UPDATE: On October 13th, the defendant was sentenced to 18 years prison, followed by five years of parole.
NEWS RELEASE (8/29/2006) FLORENCE MAN GIVEN MAXIMUM PRISON SENTENCE FOR ASSAULT (Canon City) 37-year old Charles Greenwell was given 16 years prison today for assaulting 59-year old Vietnam Marine veteran, who is blind in one eye. Allen Rogers, the victim, testified at sentencing that he felt he was ambushed by Greenwell and that the sanctity of his home was broken. Rogers told Judge Julie Marshall that Greenwell's wife should be doing time, too, for her part. Rogers suffered broken facial bones, but no lasting injuries. He was hurt over a disagreement about a $50 table. Rogers wife, Linda, testified and called Greenwell a "woman beater" and a coward with no conscience. She concluded her statement by wishing Greenwell "goodbye, good luck upchuck" in prison. Rogers' daughter testified and called Greenwell a "monster". Assistant D.A. Kathy Eberling asked for the maximum 16-year prison sentence. She noted the parallel between ambushing Rogers and the defendant ambushing several years ago Dennis Yaklich, a Pueblo police officer, as a contract killing at the behest of Donna Yaklich. Public Defender Daniel Zettler had Chaffee County jail Pastor Mundy testify on behalf of Greenwell. He described Greenwell as accepting Christ while in jail and being transformed over the five months he spent in the county jail. Judge Marshall sentenced Greenwell to 16 years, noting that "he couldn't have a worse criminal history". Greenwell was found guilty of second degree assault by a jury on August 2nd.
NEWS RELEASE (8/8/2006)(UPDATED 8/29/2006) ENGLEWOOD MAN ARRESTED CANON CITY ON SEX WITH MINOR CHARGES (Canon City) 47-year old Scott Darrell Lippitt, of Englewood, was arrested by Canon City police last Wednesday night on various sex-related charges. Reports state that he had arranged through the internet to meet a 13-year old to have sex with her. Police arrested him when he met the supposed girl at the train depot in Canon City. The target "girl" was in reality, a police officer, who had been "chatting" with him previously on the internet. The "chat" became explicit about the two of them engaging in various sexual acts. He allegedly asked the fictitious 13-year old if she was interested in losing her virginity and that he would love to teach her how to become a woman. In his car, police found a backpack filled with various "sex toys" and lubricants. Lippitt posted a $100,000 cash bond and is at liberty. The D.A. strenuously objected to a reduction of his bond from $250,000 to $100,000. He is represented by Denver lawyer, Gary Lozow. A preliminary hearing is set for Sept. 22, 2006. Lippitt is charged with attempted sexual assault on a child, enticement of a child, internet sexual exploitation of a child, and internet luring of a child with intent to exploit. All charges are felonies and carry potential of lifetime in prison. Formal charges are to be filed this Thursday.
NEWS RELEASE (6/21/2006) FAIRPLAY MAN CONVICTED OF FELONY CHILD ABUSE FOR CULTIVATING MARIHUANA IN CHILDREN’S PRESENCE.(Fairplay) Following a two day jury trial in the District Court in Fairplay, Stuart Sorensen of Fairplay was convicted on June 21st of cultivation of marihuana and two counts of child abuse, all felonies, and possession of marihuana and possession of drug paraphernalia, both petty offenses. The charges against Sorensen arose last September, when his wife Lisa Sorensen called 911 to report a verbal domestic disturbance. Fairplay Police Officers Juan Gallegos and Edward Goodman and Deputy William Fikejs with the Park County Sheriff’s Office responded to 680 Front Street in Fairplay to investigate. There they met with Sorensen, who admitted to arguing with his wife. While talking to Stuart Sorensen, Officer Goodman noticed what appeared to be marihuana on a coffee table. When questioned about the substance, Sorensen claimed it was his wife’s, but admitted to having a grow operation upstairs that he was shutting down. Upon searching the house, the officers found extensive grow equipment including halide lamps with transformers, ventilation ducting, a carbon dioxide canister, and growth and cloning compounds. Various items of drug paraphernalia were also discovered. However, no marihuana plants were found with the grow equipment. Park County Deputy Kelly Reynolds arrived and spoke with Lisa Sorensen about the domestic disturbance and the grow operation. She told Reynolds that Stuart had threatened to kill her and take the kids, and that she hadn’t reported the grow operation for fear of having her 2 young boys taken away from her. She claimed that Stuart had removed approximately 60 marihuana plants from the house a few days earlier, and she identified a house in Summit County where she thought they might be found. A subsequent search of that house resulted in the discovery of a large-scale marihuana grow operation, and Brian Siebel with the Summit County Drug Task Force testified to the similarities of the equipment found in both of the houses. At trial, Stuart Sorensen, representing himself, claimed that he was using the grow equipment to start an indoor herb and spices garden. He told the jury that a friend of his made him take three marihuana plants, but that he just put them in a closet and let them die before throwing them out in the garbage. Amy Beatty of the Colorado Bureau of Investigation confirmed that debris under one of the grow lamps was in fact marihuana. Deputy District Attorney Brian Green pointed out that Sorensen was growing marihuana for profit and was using the proceeds to support his family. Sorensen was charged with two counts of child abuse for manufacturing marihuana on the premises where his two young children lived. The grow room was adjacent to one of the children’s bedrooms, and the defendant had partially covered an air vent that connected the two rooms. The jury of twelve deliberated for approximately two and a half hours before returning the guilty verdicts. Judge Charles Barton ordered that Sorensen be taken into custody and the matter was set for sentencing on August 7, 2006.
NEWS RELEASE 6/7/2006 ELEMENTARY SCHOOL TEACHER OVERSTREET CHARGED WITH 20 CRIMES (Canon City) 33-year old Jennie Overstreet, a Lincoln Elementary school sixth-grade teacher, is being charged with seven counts of sexual assault on a child, all felonies as well as several counts of Contributing to the Delinquency of a Minor and Enticement of a Child. The alleged victims were five of her former students. Overstreet is alleged to have provided marijuana or alcohol to the students, which resulted in the Contributing charge. She is also being charged with misdemeanor child abuse for permitting her own two children to be unreasonably placed in a situation which posed a threat to the health of the children. The alleged sexual acts happened in the teacher's locked bedroom of her home, with her children present in the house. Overstreet is charged with distribution of dextroamphetamine, a controlled substance, which is a felony. District Attorney Molly Chilson said she plans to file a motion to increase the $50,000 bond. A preliminary hearing and bond hearing will be on June 22, 2006 in front of District Judge Julie Marshall. The potential sentence for the sex assaults is a wide range from a lifetime on probation all the way to an indeterminate to lifetime prison sentence. Overstreet remains in the Fremont County jail.
NEWS RELEASE 6/5/2006 BEWARE OF INTERNET AND E-MAIL SCAMS! (Canon City) The District Attorney's office reminds you to not fall for the "deal that looks too good to be true". When reading your e-mails, beware of unsolicited "offers" and the "get rich quick schemes". To prove that nobody is immune to receiving such scams, one of our attorneys received the old "Nigerian scam" e-mail today. Here's what it said (complete with typos)
From The Desk Of,
NEWS RELEASE 6/1/2006 PUBLIC INVITED TO DOMESTIC VIOLENCE & SENIORS MEETING (Canon City) The Fremont County Domestic Violence Task Force invites you to a meeting about senior citizens and domestic violence on June 15th at 7:00 p.m. The forum will be at the Canon City council chambers at 2nd and Royal Gorge Blvd. It is a part of National Elder Abuse Awareness Day. If you need more info, please call 269-0177.
NEWS RELEASE 5/31/2006 FEMALE ELEMENTARY SCHOOL TEACHER OVERSTREET ARRESTED (Canon City) 33-year old Jennie Overstreet, a sixth-grade teacher at Lincoln Elementary School in Canon City, was arrested last Friday. She appeared in court in custody of the Fremont County jail this afternoon. The court gave the District Attorney until June 7th to file formal charges. Overstreet is represented by attorney Mike Gillick, who waived formal advisement of potential charges. Canon City police are continuing to investigate allegations of Sexual Assault on a child by one in a position of trust, Enticement of a child, and Contributing to the Delinquency of a minor, all felonies. Judge David Thorson issued the arrest warrant last Friday. He set bond at $50,000 and ordered her to have no contact with any children under 18 years old, including her two young children. The investigation began after a Canon City Recreation District employee, who was involved in the district's after school "Kids Club", reported a suspicious incident involving Overstreet.
NEWS RELEASE 5/12/2006 NEW ATTORNEYS JOIN DISTRICT ATTORNEY'S OFFICE (Canon City) District Attorney Molly Chilson has announced the addition of two new deputy district attorneys for the Canon City office. Deputy District Attorney Thom LeDoux has joined the staff and is prosecuting felonies assigned to District Court Judge David Thorson. LeDoux is a 2002 Colorado University Law School graduate. He was a prosecutor in Pueblo county before coming to our office. Ledoux was hired to replace Deputy District Attorney John Rice, who resigned to accept a position in a private law firm in Pueblo. Deputy District Attorney Steve Sullivan is the second new hire and is assigned to the busy Fremont County Court of Judge William Fox. Sullivan is a 1998 graduate of The Ohio State University. Sullivan, a Denver native, was a prosecutor in Cortez, Colorado. He enjoys the outdoors and sports. We welcome both attorneys to our prosecuting team.
NEWS RELEASE 5/8/2006 ESPENSCHIED SENTENCED TO PRISON FOR INDETERMINATE SENTENCE OF FORTY-FOUR YEARS TO LIFE.(Fairplay) Park County District Judge Charles M. Barton sentenced Ed Espenschied today to an indeterminate prison sentence of forty-four years to a maximum of his natural life. The court found that he was a sexually violent predator. Espenschied was found guilty of sexual assault and sexual assault on a child by a Park County jury on January 13, 2006. Upon receiving the jury verdict, the court determined that Espenschied is a habitual sexual offender against children. The evidence at the trial established that Espenschied had met his young victim at a camping trip and quickly offered the youngster marihuana. This initial encounter led to a year long grooming relationship in which the Defendant offered drugs, alcohol, and pornography to the victim. In the end, the Defendant took advantage of the young victim’s dependence on drugs and alcohol and demanded the victim engage in a variety of sex acts. Espenschied engaged in the same grooming and sexual abuse patterns for over thirty years. Three victims from a 1972 and 1975 incident stepped forward at the trial to explain how the Defendant approached them by offering alcohol. When they succumbed to the intoxicating drink, the Defendant demanded they perform sex acts, telling one of them: "if you don’t, I’ll break your neck." One of the victims of the 1972 incident returned to testify at the sentencing hearing to explain the destructive impact Espenschied had on his life for the last thirty plus years. The victim of the most recent incidents and his mother also addressed the Court to further explain how Espenschied had devastated their lives. The young man stated: "I don’t know if I’ll ever get over this." Espenschied expressed remorse and indicated he wanted to tackle his problems once and for all. In imposing the court’s sentence, Judge Barton remarked that punishment and deterrence were the top considerations in imposing the lengthy sentence. Should Espenshied ever be released from prison, he will be subject to lifetime parole supervision.
NEWS RELEASE 4/12/2006 REX SHANE ROBERTS FOUND GUILTY BY PARK COUNTY JURY FOR VIOLATING BOTH THE CONDITIONS OF A FELONY BOND AND A RELATED PROTECTION ORDER(Fairplay) On Tuesday, April 11, 2006, a Park county jury returned verdicts of guilty against Rex Shane Roberts of Howard, Colorado for violation of bond conditions, a felony, and violation of a protection order. In December of 2004, Roberts posted a bond in a felony case in which he was charged with menacing with a deadly weapon, a felony, and domestic violence. At his initial appearance for that case, the court had issued a mandatory protection order and spelled out the conditions of his bail bond. Both the mandatory protection order and the bail bond conditions required that Roberts neither possess nor consume any alcoholic beverages. On July 17, 2005, Roberts appeared at Prather’s Market in Fairplay visibly intoxicated. The store manager called the 911 operator to complain about Roberts’ conduct in and around the store. When officers arrived on scene, they initiated a DUI investigation. Roberts was brought to the Park County jail where he submitted to a blood draw. The blood sample was analyzed at the laboratory of the State Department of Health and revealed a blood alcohol content of .237, nearly four times the legal limit for operating a motor vehicle. Although the jury did not find Roberts guilty of driving under the influence of alcohol, they nonetheless considered all of the evidence surrounding Roberts’ state of intoxication and concluded that he did violate the conditions of his bond and protection order prohibiting the consumption of alcohol. The case was prosecuted by Deputy District Attorney Sean P. Paris. The Defendant was represented by C.J. Pollara of Denver. The jury deliberated for about two hours before returning its verdicts of guilty. Judge Charles Barton ordered the preparation of a pre-sentence report. The matter is currently set for sentencing on May 22, 2006 when Roberts may expect the imposition of a minimum mandatory prison sentence of one year.
NEWS RELEASE 03/9/2006 INTERNET CHILD PORN CASE RESULTS IN PRISON SENTENCE (CANON CITY) A 59-year old Utah man who traveled to Canon City to have sex with an 8-year old girl was sentenced to an indeterminate two years to lifetime prison sentence today by District Judge Julie Marshall. Larry Merrill will serve at least two years prison minimum and it could be for the rest of his life. This was one of Canon City's internet crimes against children task force cases. In these cases, undercover police officers take a fictitious identity of young girls. Internet predators email or instant message these supposed young girls and often end up arranging to meet them. In Merrill's case, he contact through the internet the girl's supposed mother and arranged to pay her two thousand dollars in return for her allowing her daughter to have sex with the man. When Merrill arrived at the arranged meeting place in Canon City, he was arrested. Judge Marshall initially noted his internet i.d. was "little hole f**kr" and called the facts "shocking". After listening to the evidence at sentencing, the judge said that nothing persuaded her that Merrill would not have carried out his sexual purpose. She said he poses a risk to the community. She sentenced him to prison, despite a probation sentence recommendation from the probation department. If Merrill is ever released from DOC, he must register as a sex offender. He was represented by Canon City attorney Samuel McClure.
NEWS RELEASE 02/10/2006 DISTRICT COURT JUDGE PLOTZ REINSTATES GRIMES’ SIXTY YEARS SENTENCE AND REDUCES MATHENY’S SENTENCE IN GUFFEY TRIPLE HOMICIDE CASE.(FAIRPLAY) District Court Judge Kenneth M. Plotz has reinstated the original sixty year 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-conspirator Jonathan Matheny’s sentence was reduced to 66 years following an appeal of his original sentence of 68 years. Both re-sentencings are the result of the Court of Appeals reviewing the legality of the trial court’s sentencing orders. In the Grimes matter, Deputy District Attorney Sean P. Paris appealed the trial court’s reduction of Grimes’ sentence. The Court of Appeals ruled that Judge 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. On February 8, 2006, Judge Plotz concluded that there existed no reasonable justification for the delay and noted that the record is devoid of any efforts Grimes took to set the matter for an earlier hearing and then reinstated the original sixty year sentence. When Judge Plotz sentenced Matheny to sixty-eight years, he imposed a sentence which fell in the aggravated sentencing range without making any findings that there existed extraordinary aggravating facts to justify a sentence in the aggravated range. Matheny appealed that sentence as a violation of his constitutional right to have all aggravating facts determined by a jury. The Court of Appeals agreed and required that he be resentenced. At today’s hearing, Judge Plotz maintained that Matheny was more culpable for the deaths of Carl and Joanne Dutcher than either Grimes or Simon Sue, a third co-defendant. Taking into account Matheny’s developing brain at the time of the murders, he nonetheless structured the sentence to impose a total of 66 years calculated to withstand constitutional attack.
NEWS RELEASE 1/24/2006 SHAWN SAYLOR FOUND GUILTY OF SECOND DEGREE ASSAULT AND DOMESTIC VIOLENCE(FAIRPLAY) A Park County jury yesterday returned a guilty verdict against Bailey resident Shawn Saylor for assault in the second degree, a statutory crime of violence, and domestic violence. Testimony established that during the late evening hours of December 22, 2004 when Saylor demanded that his girlfriend for three years leave his house immediately without any explanation. Saylor’s girlfriend was forced to wander the frigid streets of the Burland subdivision in search for shelter. In desperation, she returned to Saylor’s house and slept on a couch for the night. The following day, tempers flared once when Saylor again demanded that his girlfriend leave his house. Saylor then grabbed her by the shoulder and arm and violently threw her to the floor. When Saylor slammed her head into the floor, he began repeatedly kicking her in the face resulting in a broken nose. When she attempted to get up, Saylor pulled her by the hair forcing her to the ground again. Saylor’s girlfriend was able to get out of the house and drove to a nearby service station to retrieve some napkins to stop the bleeding. Deputy Jeff Wood of the Park County Sheriff’s Office investigated the case. During his conversations with Saylor, Deputy Wood noticed blood spots on Saylor’s shirt. Saylor offered no explanation for whose blood it was, nor for how the blood spots ended up on his shirt. Deputy Wood submitted the shirt to the Colorado Bureau of Investigation for DNA and blood spatter analysis. CBI Agents Mary Schleicher and Tom Griffin testified at the trial that the DNA analysis revealed that the victim’s blood was in fact on Saylor’s shirt. Furthermore, the blood had been airborne when it was cast onto the shirt with a high velocity. The forensic evidence supported the victim’s account that she had been assaulted by Saylor. The case was prosecuted by Deputy District Attorney Sean P. Paris. The Defendant was represented by Suzanne MacDonald of Buena Vista. "This case centered on a single piece of evidence," Paris explained. The bloody shirt and the forensic analysis was able to fully corroborate the victim’s account of how the assault occurred." The jury deliberated for under an hour before returning its verdict to District Court Judge Barton. Saylor will be sentenced at a later date when he may expect a mandatory minimum prison sentence of five years up to sixteen years. Saylor’s bond was immediately revoked and he was taken into custody by a Park County Sheriff’s deputy. Saylor will remain in custody pending sentencing.
NEWS RELEASE 1/13/2006 BAILEY MAN FOUND GUILTY OF SEX CRIMES(Fairplay) 57-year old Edwin Haake Espenschied of Bailey, Colorado was found guilty today of sexual assault and sexual assault on a child. The jury deliberated for three hours after hearing a week of testimony. The Defendant had met the young victim at a camping trip and quickly offered the youngster marihuana. This initial encounter led to a year long grooming relationship in which the Defendant offered drugs, alcohol, and pornography to the victim. In the end, the Defendant took advantage of the young victim’s dependence on drugs and alcohol and demanded the victim engage in a variety of sex acts. The evidence established that the Defendant has engaged in the same grooming and sexual abuse patterns for over thirty years. Three victims from a 1972 and 1975 incident stepped forward to explain to the jury how the Defendant approached them by offering alcohol. When they succumbed to the intoxicating drink, the Defendant demanded they perform sex acts, telling one of them: "if you don’t, I’ll break your neck." The case was prosecuted by District Attorney Molly Chilson and Deputy District Attorney Sean P. Paris. The Defendant was represented by Brad Redmiles from Salida. Aside from the testimony of the victims, the jury heard evidence of numerous incriminating statements the Defendant had made to a fellow jail inmate during his pre-trial confinement period, to deputies of the Park County Sheriff’s Office, to people he had called from the Park County jail on a recorded line, and in uncompleted letters to two people. Upon receiving the verdict, Chief District Court Judge Charles M. Barton thanked and dismissed the jury and the matter was continued to the following Tuesday to permit the prosecution to present evidence that the Defendant is a habitual sex offender against children. Judge Barton concluded that the People had proved, beyond a reasonable doubt, that the Defendant had been previously convicted of a sex offense against a child. Judge Barton’s ruling will enable the District Attorney to argue for a prison sentence of at least a mandatory minimum of thirty-six years to life. The sentencing hearing is set for April 10, 2006 at 9 A.M.
last updated: 1/24/2007 |
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