assault
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Divided appeals court finds no prosecutorial misconduct in prison assault case
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Colorado’s second-highest court concluded last week that a Lincoln County prosecutor did not misstate the law to a degree that undermined a jury’s assault verdict against the defendant. During closing arguments in Phillip Archuleta’s 2023 trial, the prosecutor suggested to jurors that Archuleta did not have to make contact with a corrections officer during a…
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Divided appeals court reverses assault conviction over insufficient guidance about paramedics’ authority
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Colorado’s second-highest court reversed a defendant’s conviction last week for assaulting a paramedic, concluding that a Denver judge needed to give jurors additional information about the duties that paramedics are legally authorized to carry out. Two paramedics were attempting to take Chakib E. Ez-Zahir to a hospital against his will. After one paramedic blocked his…
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Appeals court reverses assault convictions after jury received no definition of ‘harm’
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Colorado’s second-highest court reversed an Arapahoe County defendant’s assault convictions last week, concluding the trial judge neglected to define a key, ambiguous term for jurors. Police officers arrested David Cristobal Aragon at a house party for allegedly violating a restraining order, but he had a series of seizure-like episodes that required transportation to the hospital.…
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Castle Rock man in custody after fleeing state before sexual assault conviction
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A Castle Rock man who fled the state after being convicted of sexually abusing a child was arrested Sunday in Chaparral, N.M., authorities said. Jorge Alberto Campos, 42, failed to appear in court Friday, when a jury found him guilty of five counts of sexual assault on a child as part of a pattern of…
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Former Centennial teacher sentenced to 60 years for sexually assaulting children
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A former teacher at a Centennial private school was sentenced to 60 years in prison Friday for sexually assaulting multiple children in his care. Christopher Ballard, 28, of Lakewood, had been charged with nearly 24 sexual offenses against 12 child victims at the Journey Academy, where he had been employed since 2021, according to a…
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Colorado Supreme Court signals intervention in 4 ongoing cases
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The Colorado Supreme Court recently signaled that it may intervene in four cases from various trial courts, two criminal and two civil. At least four of the court’s seven members must agree to initiate the process of granting relief in a case outside the usual appellate procedure. The cases address an expert’s insight into child-parent…
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Appeals court orders new trial after Denver judge wrongly let defendant represent self
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A Denver judge incorrectly found that a defendant understood what he was doing by giving up his constitutional right to counsel, Colorado’s second-highest court concluded on Thursday in overturning the man’s assault convictions. Criminal defendants are allowed to represent themselves at trial by waiving their right to counsel. However, such a waiver must be “voluntary,…
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Appeals court overturns Denver strangulation conviction for improper expert testimony
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Colorado’s second-highest court reversed a Denver man’s assault conviction on Thursday, finding an expert’s testimony about the potential risks of strangulation had no bearing on the facts of the case. Phillip L. Bauereiss and the victim got into an argument. Jurors heard that Bauereiss allegedly took a dog leash and wrapped it around the victim’s…
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Denver man arrested after viral ‘No Kings’ rally tripping incident
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Editor’s note: The Denver Police Department released a statement Tuesday that Jose Cardenas was not the man who allegedly tripped the screaming man. Cardenas was allegedly the suspect who stole the sunglasses and was arrested on suspicion of theft. The alleged tripper is still unidentified. The Denver Police Department arrested a man in connection to…
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By 2-1, appeals court takes no issue with constitutional violation from defendant’s absence at hearing
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Colorado’s second-highest court, by a 2-1 vote, concluded that an Adams County judge’s order granting crime victim restitution was valid, even though the defendant was absent from a hearing which he had a constitutional right to attend. The U.S. and Colorado constitutions guarantee criminal defendants the right to be present at all “critical stages” of…