Polis pardons two dozen, including former state patrol officer who confronted Capitol gunman in 2007
Gov. Jared Polis granted clemency to 24 individuals convicted of crimes ranging from robbery and kidnapping to simple assault and drug offenses.
Among those pardoned Thursday is a former state patrol officer who was hailed as a hero but later convicted of misdemeanor assault for an incident near the state Capitol, as well as four individuals whose circumstances won advocacy from newly-elected Rep. Elisabeth Epps, D-Denver.
Jay Hemphill was a member of the State Patrol security at the state Capitol from 1998 to 2021. On duty, he was his vehicle on Aug. 25 at the time of the incident on 14th Ave., when he was accused of pointing a gun at a woman crossing the street. He later pled guilty to misdemeanor menacing.
In his clemency letter, Polis wrote that Hemphill was awarded the state patrol’s highest honor, the Medal of Valor, for his actions to prevent a gunman from confronting Gov. Bill Ritter and his staff in 2007, when a man attempted to enter Ritter’s office. When confronted by Hemphill, the man said “no police are going to stop me” and pulled out a gun.
Hemphill shot and killed the man.
In his clemency letter, Polis said Hemphill was a “model trooper with an impeccable record.”
“You made a mistake in a brief instant when you thought you were under threat, and no one was physically harmed. You properly reported the incident to your chain of command within the Colorado State Patrol. This mistake should not define your career or detract from your act of heroism in protecting Governor Bill Ritter from a gunman. I hope this commutation and pardon open doors to new opportunities for you.”
The individuals granted clemency on Thursday have sought to improve their situation both behind and outside of prison walls, earning college degrees, serving as mentors or mental health advocates and starting businesses.
Epps was among those who advocated for pardons for four people:
Sidney Cooley was sentenced to 64 years for a series of daytime robberies. Polis commuted his sentence with a parole date of no later than Jan. 31, 2023. The governor called Cooley’s sentence “well beyond the typical range, a result of being given consecutive sentences on each of your charges. Your sentence is also excessive given that your crimes involved no physical injuries, yet you received a longer sentence than some who commit violent crimes.”
Epps, in several tweets, noted Cooley, now 42, saved a man’s life an industrial workplace accident, and pointed out his application for commutation was backed by Jeffco District Attorney Alexis King.
Robin Farris, now 61, was sentenced to life without parole for burglary and first-degree murder of her former lover. Polis noted in his letter granting her parole no later than Jan. 31 that, “if convicted today, your crime of felony murder would have been classified as a Class 2 felony, resulting in a sentence that would have made you eligible for parole over ten years ago. Instead, without this commutation, you would not have been eligible for 10 years in the future, creating a disparity in sentencing.”
Farris is Black and the third longest-serving woman in the state corrections system, having served 31 years. She is the first Black woman to be granted clemency in state history, according to the Felony Murder Elimination Project.
Sean Marshall, now 37, was sentenced to 45 years for a robbery committed in Colorado Springs with a BB gun – more than three times the average sentence – and has served 14 years. Polis noted that disparity, stating in his letter granting parole that Marshall was one of seven individuals involved in the crimes, and of the seven, his sentence was approximately ten times longer than some of the other perpetrators. The governor noted that some individuals involved in the crime served no time in prison. “In addition to this sentencing disparity, you were given a longer sentence than some individuals who have been convicted of murder,” the governor said.
Marshall’s application for parole was also backed by the Spero Justice Center.
Michael Clifton, 44, was one of two men convicted of robbing video stores 25 years ago. His accomplice, Rene Lima-Marin, was sentenced to 98 years for the crimes but granted a full pardon in 2017 by Gov. John Hickenlooper, part of an effort to keep Lima-Marin from being deported to Cuba. Lima-Marin was mistakenly released on parole in 2008, held a steady job and got married. Authorities realized the mistake in 2014, and police returned him to prison. The General Assembly, in a rare move, passed a unanimous resolution asking Hickenlooper to grant Lima-Marin clemency.
Polis also recognized the disparity in Clifton’s sentence in his decision to grant parole. “A 98-year sentence for the crimes you committed is well beyond the typical range, a result of being given consecutive sentences on each of your charges,” Polis wrote in the clemency letter. The governor noted that his co-defendant already received a pardon. “These disparities, coupled with the work you have done while incarcerated, supports granting your application,” Polis said. “Your application demonstrates an awareness of the impact your actions had on the victims of your crimes and the greater community. It is obvious that you have put in tremendous work while incarcerated by putting together the Pathway to Freedom and ensuring other offenders recognize the impact their actions had on their victims.”
Epps said Clifton participated in a restorative justice program that resulted in one of his victims backing his application for clemency.
The governor also granted pardons to Vicente Antillon, Marla Bautista, Jay Biesemeier, Wendy Biesemeier, William Bray, Joseph Burns, Daniel Collins, Carey Davidson, Samuel DeBono, Caleb Haley, Mark Harmon, Walter Hooton, Charles Hurlburt, Tell Jones, John Krause, Terrence Miller, Steven Thomas, Staci Tillman, and Ryan Tomka. All have completed their sentences.
Burns, Harmon and Tillman were convicted of crimes in El Paso County.


