Colorado Politics

AG candidate Brauchler named in federal suit against Colorado Springs officials

An ex-El Paso County sheriff’s commander filed a federal lawsuit this week reviving longstanding claims that his 2016 corruption arrest alongside ex-Sheriff Terry Maketa and ex-Undersheriff Paula Presley was fueled by a conspiracy.

A 45-page civil complaint from Juan “John” San Agustin Jr. alleges hidden motives and misconduct by a laundry list of public safety officials in the Pikes Peak region and beyond.

Among the 13 defendants named in the suit are George Brauchler, the Republican candidate for Colorado attorney general candidate and the top prosecutor in the 18th Judicial District, which handled the Maketa case.

In a statement in response to being named in the suit, Brauchler said that “it’s a sad fact of life that prosecutors are often sued for doing their jobs by persons who don’t like the fact that they were prosecuted. Such lawsuits are almost always legally frivolous and quickly dismissed by the courts. Anyone can file a lawsuit alleging anything they want. This lawsuit has no basis in fact or law. Once we are served with it, we will file a motion to dismiss, which we anticipate will be granted quickly by the court.”

Also named are Maketa, 4th Judicial District Attorney Dan May, current El Paso County Sheriff Bill Elder, El Paso County Court Judge Shannon Gerhart, the Colorado Bureau of Investigation and one of its detectives, and prosecuting attorneys Mark Hurlbert and Grant Fevurly. Hurlbert and Fevurly no longer work in the 18th Judicial District.

The Gazette has reached out for comment to most of the defendants and is awaiting responses.

The civil rights lawsuit turns on claims San Agustin previously made public in seeking to have the charges against him dismissed.

While his efforts were shot down in court, prosecutors ultimately did dismiss the case against him in October 2017, three months after Maketa’s first trial ended without any convictions. Prosecutors cited evidentiary problems, including a prominent witness who was tarnished by allegations of racism after the charges were announced.

The case against Presley, and all remaining charges against Maketa, were tossed by prosecutors last February after Maketa’s second mistrial.

San Agustin, Maketa and Presley were indicted in May 2016 after a grand jury investigation. While Maketa and Presley faced nine counts alleging various abuses of power, San Agustin was charged with two counts, both alleging he conspired to jail a domestic violence victim who crossed a personal friend of Maketa.

The former sheriff’s commander argues in his lawsuit that prosecutors ignored evidence of his innocence in pursuing the case, a charge that authorities waived off.

The civil action is the latest sign that the Pikes Peak region has yet to see the end of the fallout from Maketa’s turbulent third term, which led to criminal allegations, resignations, numerous lawsuits and a closely watched courtroom drama starring a once-beloved lawman.

While attorneys for the trio blasted the indictment as being without merit, the reality for Maketa was more complicated.

Reporting by The Gazette revealed that he escaped felony convictions by thin margins, including a lone holdout at his first trial in June 2017. The panel at his retrial in January split 10-2 toward conviction, according to interviews with panelists.

Among the claims in San Agustin’s lawsuit are that that he was targeted for criticizing May and Elder’s handling of the investigation into the March 2013 assassination of former Colorado prisons chief Tom Clements. While Elder blames a lone gunman, former prisoner and Evan “Evil” Ebel, Agustin was among the sheriff’s investigators who saw a wider conspiracy by a white supremacist prison gang that claimed Ebel as a member.

Ebel was killed in a shootout with Texas law officers while on the run.

In supporting his claim of a prison gang plot, San Agustin has pointed to a Texas Rangers report that identified possible co-conspirators.

The Sheriff’s Office under Elder has said there is no evidence Ebel was helped, despite the findings of the Texas Rangers.

Without providing evidence, the suit describes a prison gang turf battle that impelled the 211 Crew gang to target Clements to shore up its influence. It also implies that May, who ultimately recused his office, declined to press charges against Ebel’s accomplices out of personal fear.

The suit further claims that “on or about 2013” a law enforcement agency failed to act on a letter from a Colorado prison inmate warning that Clements’ life was in danger as a result of a white power prison plot. The complaint doesn’t provide proof, nor does it identify the law enforcement agency involved.

Attorneys for Maketa, Presley and Agustin filed papers in December 2016 reserving the right to sue for malicious prosecution, seeking $10 million each. So far, San Agustin is the only one who followed through with a lawsuit.

George Brauchler — the Republican 18th Judicial District attorney, who ran unsuccessfully for state attorney general in November — says splitting the district would make “fiscal sense” for the counties that would be part of the new 23rd District since the vast majority of serious crimes committed in the 18th are in Arapahoe County.
Brennan Linsley / AP file

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