Judge’s recusal adds to deadline pressures in El Paso County death-penalty cases
A veteran judge has recused himself from El Paso County’s latest capital murder cases, introducing a wrench in the works as prosecutors scramble against deadlines that could upend their death-penalty bids.
Fourth Judicial District Judge Larry E. Schwartz announced his withdrawal July 20, citing plans to retire “within the next several months.” Judge David A. Shakes was appointed in his place Wednesday.
The moves cast doubt on whether October trials are feasible for double-murder suspects Diego Chacon and Marco Garcia-Bravo, who are charged as triggermen in the March 2017 gang plot that led to the execution-style killings of Coronado High School students Derek Greer, 15, and Natalie Cano-Partida, 16.
The October deadline is significant because, under Colorado law, both defendants are guaranteed trials within six months from their April arraignments. State law lays out stiff penalties for violating speedy trial rights, including case dismissals.
For that reason, the “speedy trial clock” ticks most loudly for prosecutors.
When it comes to a capital case, judges are likely to grant defense attorneys more time if needed, rather than forcing their clients to trial with unprepared lawyers, Colorado Springs attorney Phil Dubois previously told The Gazette. Prosecutors, on the other hand, would be in for a fight if they opted to pursue trials outside of the speedy trial clock against a defendant’s objections, and judges could invite successful appeals if they granted their requests.
Dubois, who isn’t affiliated with the case, said the “game of chicken” was hatched when the men’s attorneys stuck with previously scheduled October trial settings after prosecutors filed the required notice to seek death in early July.
The goal appears to be forcing the prosecution to abandon plans to pursue the death penalty, Dubois said. It’s a risky strategy, though, because it likewise leaves the defense teams with precious little time to prepare.
It’s impossible to say how the gambit will fare, but an answer is likely to emerge in the weeks ahead, as Shakes addresses scheduling matters.
In his recusal order, Schwartz said he had tentative plans to retire in the months ahead. Even if he shelves those plans, state law requires him to leave the bench by the time he turns 72, which will happen in May 2020.
“If one or both of the trials did not proceed in October as scheduled, retirement under either scenario creates a significant problem,” Schwartz said in his order. The judge added that it is “conceivable” that both trials could be postponed beyond his mandatory retirement date in 2020.
Schwartz has served on the El Paso County District bench since 1997. He was the presiding judge for all 10 people charged in the Coronado case, including five suspects charged with murder. Only Chacon and Garcia-Bravo remain on track for trial. Their co-defendants have all pleaded guilty under deals with prosecutors.
Another question in the Coronado case is whether the public will be granted access to court filings, where much of the case will be argued.
Schwartz’s recusal and Shakes’ appointment both effectively occurred in secret, because Schwartz previously revoked all public access to court documents in the case. Chief District Judge William Bain ordered the recusal and appointment orders released Thursday at The Gazette’s request, said District Administrator Scott Sosebee.
Sosebee said he planned to meet with Shakes on Friday to discuss the judge’s policies on public access.
Chacon and Garcia-Bravo are due back in court July 31, court records show.


