manslaughter
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Appeals court says Xcel may be held liable for ‘felonious killing’ after Aurora home exploded
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Colorado’s second-highest court ruled last week that corporations in general — and Xcel Energy specifically — may be held liable for “feloniously killing” a person, meaning the cap that exists in state law will not apply to a jury’s award. After a 2023 trial, Denver jurors awarded the children of Carol Ross $15 million in noneconomic…
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Colorado Supreme Court explores limits of ‘Make My Day’ defense
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There was no dispute that Justin Brendan Martinez shot and killed his friend, Ismael Huerta, inside Martinez’s house. Martinez and another witness described the shooting as a freak accident, one in which Martinez fired his gun at the floor but happened to fatally wound Huerta. Adams County jurors acquitted Martinez of murder but convicted him…
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Denver manslaughter conviction overturned due to constitutional violation
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A man convicted of manslaughter in Denver will receive a new trial after the state’s second-highest court determined last month that a judge violated his constitutional right to confront the witnesses against him. There was no dispute that Donte Carl Ellis physically attacked his mother’s boyfriend, Willie Caldwell, and that Caldwell later died of his…
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Appeals court orders new trial after Arapahoe County judge failed to instruct jury on self-defense
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A man serving 16 years for assault and attempted manslaughter will receive a new trial after Colorado’s second-highest court determined an Arapahoe County judge failed to give jurors a required instruction about self-defense. The law entitles a defendant to such an instruction when there is some credible evidence they acted in self-defense. District Court Judge…
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Appeals court orders judge to reconsider drastic reduction to $33 million wrongful death verdict
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Colorado’s second-highest court has ordered an Arapahoe County judge to reconsider her decision to slash a jury’s $33 million verdict to just $436,070 against a man who was speeding at 99 mph before he ran a red light and killed another motorist. Although District Court Judge Elizabeth Volz applied the monetary cap on jury awards…
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Judge agrees probable cause exists for first responders accused of Elijah McClain’s death
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An Adams County judge last week agreed a grand jury had probable cause of a crime when indicting five Aurora police officers and paramedics for manslaughter and other charges stemming from the 2019 death of Elijah McClain. Officers Randy Roedema, Jason Rosenblatt and Nathan Woodyard, and paramedics Peter Cichuniec and Jeremy Cooper challenged their September…
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Adams County conviction overturned after judge’s borrowed jury instruction deemed problematic
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An Adams County judge provided a confusing instruction to jurors in a murder trial that failed to properly explain all of the nuances of self-defense, the state’s second-highest court ruled last month in reversing the defendant’s conviction. District Court Chief Judge Don Quick presided over Jorge Garcia’s 2018 trial, where the only question was whether…
