Updates

After three hours of deliberation, a Fourth Judicial District jury returned a verdict of guilty for a Fort Carson soldier in a drive-by shooting that left a pregnant woman with a gunshot wound to her leg. Deputy District Attorney Gene Tiell and I tried the case in Fourth Judicial District Court Judge Larry Schwartz’s courtroom.

Jose Miguel Barco was found guilty of two counts of attempted first-degree murder and one count of felony menacing in the shooting, which occurred in late April of 2008. On November 30, 2009 he was sentenced to a prison term of 52 years.

Every office has an abundance of talent, but who knew that ours included Julie Moran, pumpkin-carver extraordinaire! Julie carved these Halloween likenesses of me and Assistant D.A. Dan Zook, and for those of you who have seen us, you will marvel at how truly incredible these likenesses are! Always ready to acknowledge artistic talent and creativity, my hat is off to Julie for taking the time to 1) channel her creativity into this unique medium, and 2) share it with the office. Thanks, Julie. Dan Z and I are truly in awe!

I am pleased and proud to announce that Chief Deputy District Attorney Diana K. May and Investigator Ed Butler were recently recognized by the Colorado District Attorney’s Council for their outstanding work in prosecution.

Diana received the “Faculty of the Year” Award, a state-wide award given to the prosecutor who best demonstrates a commitment and dedication to training prosecutors across the state. Diana supervises a staff of fifty attorneys in addition to leading our Homicide Team. We are proud to have Diana as a member of our team, and we know this recognition comes from her unsurpassed dedication to prosecution.

Ed was honored with the “Investigator of the Year” Award for his tireless and meticulous work on several homicide cases including the murder of CSPD Officer Ken Jordan in 2006. Working this case relentlessly for two years, Marco Lee ultimately pleaded guilty to First Degree Murder in December of 2008 and was sentenced to life without parole plus 167 years. During the past two years Ed has served as lead investigator on four other homicides. His thoroughness and attention to detail have earned him this state-wide honor and we are proud to have him on our Investigators Team. Congratulations, Diana and Ed!

Lee Richards and Mike Lewis of KRDO Radio 1240 Morning News have graciously invited me to be on the air with them at 7:30 a.m. on the last Friday of each month. I will be answering your questions and discussing cases and/or community issues relevant to the District Attorney’s office.

I am proud to announce that Bradley Mitchell, 44, one of our office’s most wanted fugitives, was captured in Montague, California on Thursday, July 16, 2009 by Investigators from the Fourth Judicial District Attorney’s Office, headed up by Larry Martin, and California’s Siskiyou County District Attorney’s Office. Tried and convicted in 1986 of the attempted murder and kidnapping of Martin Newville and Ron Aylesworth, Mitchell was out of custody on a $5,000 bond when he failed to appear for his sentencing hearing on January 5, 1987. Ron Aylesworth was shot and paralyzed by Mitchell’s criminal acts. Mitchell managed to avoid capture for 22 years by traveling through multiple states and concealing his identity. He ultimately settled in the small town of Montague, California and established a completely new life and identity.

Mitchell’s arrest was the direct result of our office’s Volunteer Fugitive Apprehension Unit. This unit is headed up by volunteer Alan Griffee, who spends two days a week going through old files and warrants trying to identify warrants that need to be assigned to investigators for investigation and location of these missing fugitives. Our unit contacted court officials for a list of warrants, and volunteer manpower concentrated on evaluation of long-standing arrest warrants, pursuing leads for the capture of these fugitives.

Mr. Mitchell was at the top of our "most wanted" list. DA Investigator Rick Stark was assigned to investigate Mitchell's case, and he was able to cull information suggesting that Mitchell might be living in Montague. Acting on this information, Fourth Judicial DA Investigators and the Siskiyou County DA’s Office set up surveillance and located Mitchell at a trailer park where he was subsequently arrested. Mitchell was armed with three knives when Rick Stark took him into custody. Initially, Mitchell denied his identity, but Mr. Stark was able to confirm it from fingerprints, and Mitchell was booked into the Siskiyou County Jail. Mitchell has now been extradited back to El Paso County and will soon be sentenced for his crimes, committed 22 years ago. When victim Martin Newville was notified of the arrest, he expressed relief that Mitchell was finally in custody. “I’ve lived with this every day of my life. It’s time for Mitchell to serve his time in prison for what he did to us,” he stated.

The District Attorney’s Investigative Unit and the Volunteer Fugitive Apprehension Unit will continue to pursue long-standing fugitives and bring them to justice, and this case illustrates their tireless efforts and persistence in seeking justice for victims and our entire community, no matter how old the case.

Saturday, July 25,2009 was the 5^th annual “Guns and Hoses” game at the Cheyenne Mt. High School Athletic Field, pitting members of the Colorado Springs Police Department against members of the Colorado Springs Fire Department. All the proceeds from the event go to the Colorado Springs affiliate of the Susan G. Komen Foundation, and the competition can get pretty fierce. While nobody invited me to join the game, they did request that I do time in the dunk tank, and I enjoyed spending my time taunting dunkers as one of the dunkees along with members of the CSPD SWAT Team, Motorcycle Traffic Officers, and Police Chief Richard Myers.

Summertime means picnic time, and over 100 members of the office and their families (including four-legged family members) congregated at Monument Valley Park for the annual office picnic. Office get-togethers promote morale and camaraderie, and everyone enjoyed good food, fun, swimming, and conversation out of the office and in gorgeous weather. Thanks to all who attended!

It is my pleasure to announce that Kim L. Kitchen was sworn in by Chief Judge Kirk Samelson as Chief Deputy District Attorney on Tuesday, July 7, 2009 at the Pioneer Museum’s gazebo. Kim will be serving as head of County Courts for the District Attorney’s office and has twenty-four years of experience as a prosecutor in the 4^th Judicial District as well as in the 6th Judicial District where she served as Assistant District Attorney. She was appointed District Attorney in 2008 by Governor Ritter to fill out the remainder of the 6th Judicial District Attorney's term after his death from a serious injury.

Kim looks forward to working with the County Court deputies as a mentor and teacher as she shares her expertise and experience with the office’s newer attorneys. Congratulations, Kim!

About 90 runners braved the cold and misting rain on May 2, 2009 to participate in the second annual Victims' Rights Week 5k/1 mile Run/Walk at Bear Creek Park. Although the weather was chilly and somewhat raw, the runners and many of their canine buddies participated with a great deal of enthusiasm and gusto, not to mention fortitude! Ribbons and trophies were presented, and proceeds from the race will go to victims' groups throughout the 4th Judicial District. Thanks to everyone who came out to support this worthy cause, and we hope you had a great time!

Our office volunteers were honored for their service to the 4th Judicial District on Thursday, April 23, 2009 at the District Attorney's Office Volunteer Appreciation Event. Held at the East Library, volunteers were recognized for their innumerable hours of volunteer service within different areas of the office. Our volunteers are incredible, each one dedicated to serving our community and willing to donate his/her time to work tirelessly in all departments of our office. Each volunteer was recognized for his/her hours of service, and several volunteers received Lifetime Achievement awards for giving 4,000 volunteer service hours or more to helping our 4th Judicial District community. It would be extremely difficult to function efficiently and effectively without these dedicated service-minded men and women, and this was an opportunity to say "thank you" for their dedication to our community. We value our volunteers and are proud of their contributions to making our community a better place in which to live.

On Tuesday, January 13, 2009, Dan was sworn in by Chief Judge Kirk Samelson as your 27^th District Attorney for the 4th Judicial District. Assistant District Attorney Dan Zook was also sworn in as were all attorneys and investigators serving in the 4th Judicial District Attorney's office. This was an exciting day for Dan, his family, and his supporters, and we thank the hundreds of people who attended the ceremony.

In attendance at the ceremony were four past District Attorneys serving the 4th Judicial District; Robert Russel, Barney Iuppa, John Suthers and Jeanne Smith.

Dan is looking forward to working with the courts, law enforcement, and the citizens of El Paso and Teller Counties to set exemplary standards for the 4th Judicial District Attorney's office and the citizens it serves.

Long-time prosecutor Dan Zook has been appointed to the position of Assistant District Attorney, the #2 position in the District Attorney's office. A 30 year resident of Colorado Springs, Mr. Zook is a graduate of University of Kansas and the KU School of Law.

During his 26 years as a prosecutor in the 4th Judicial District Attorney's office, Dan has had experience in almost every area of the office including the Head of the Drug Unit, Gang Unit and Homicide Unit. He also served as a Senior Deputy, Chief Deputy in charge of Homicides, and Chief Trail Attorney in charge of the Criminal Unit. He has prosecuted 50 homicide cases and 6 death penalty cases, including Lucas Salmon and George Woldt, both convicted for the murder of UCCS student Jacine Gielinski.

Mr. Zook was honored in 2004 when he was named the State of Colorado Prosecutor of the Year in recognition of his dedication and success as a career prosecutor.