eagle county
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Federal judge dismisses claims against Avon police sergeant for jail detainee’s suicide
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A federal judge last week dismissed the claims against an Avon police sergeant who transported a suicidal man to the Eagle County jail, as part of a broader lawsuit over the man’s death in custody. The lawsuit, brought by the surviving father of Ian David Lockhart, described multiple occasions in the first months of 2023…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors – including one who is now running for district attorney – to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors — including one who is now running for district attorney — to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors — including one who is now running for district attorney — to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Eagle County judge’s mistake prompts appeals court to overturn sex assault convictions
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An Eagle County judge neglected to declare a mistrial when the COVID-19 pandemic forced a postponement of the defendant’s trial date, pushing the proceedings outside of the speedy trial deadline and prompting Colorado’s second-highest court to overturn the convictions. The federal and state constitutions guarantee defendants the right to a speedy trial. In Colorado, that…
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10th Circuit gives Eagle County sheriff’s officials immunity for jail suicide
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The federal appeals court based in Denver decided on Monday that five Eagle County sheriff’s officials cannot be held liable for the death of a jail detainee who allegedly was a known suicide risk prior to his arrest. The ruling from the U.S. Court of Appeals for the 10th Circuit marked the second time in…
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Eagle County sex assault conviction overturned for improper testimony
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An Eagle County judge improperly allowed a law enforcement witness to testify about her belief that the victim’s account supported the filing of sex assault charges, Colorado’s second-highest court decided on Thursday in reversing the defendant’s conviction. Previous court decisions in Colorado have established that prosecutors may not present evidence of the “screening” process that…
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Judge throws out lawsuit from alleged ‘sovereign citizen’ facing prosecution in Eagle County
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A federal judge has dismissed an Eagle County woman’s complaint against the law enforcement officials who are prosecuting her for numerous charges of forgery, cybercrime and sending fake tax documents to judges. Although Adrienne Avril Perer called it a “false assumption” that she was an adherent of the anti-government “sovereign citizen” movement, she nevertheless sued…
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Appeals court orders new trial after detective failed to respect Eagle County man’s Miranda rights
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An Eagle County judge mistakenly allowed a man’s statements in custody to be admitted as evidence at trial, even though the detective interrogating Jacinto Zelaya-Zelaya ignored his desire to remain silent, the state’s second-highest court ruled on Thursday. Zelaya-Zelaya, who a jury convicted in 2017 of sexually assaulting a child, will now receive a new…
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Interstate vs. intrastate: State Supreme Court weighs meaning of overtime law for truckers
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Did Colorado’s wage regulations entitle four truck drivers to overtime pay because they worked almost exclusively within state lines? Or did Colorado actually mimic federal rules for interstate truckers and render the four men ineligible? Last week, JP Trucking, Inc., which is based in Gypsum, told the Colorado Supreme Court that the state’s minimum wage…
