Three juveniles who allegedly killed a feral cat will not
\nface additional criminal charges after the investigation by Kremmling Police
\nChief Jamie Lucas was called into question.<\/p>\n
On Monday, the 14th Judicial District Attorney\u2019s Office outlined
\nseveral concerns the office has with trying to prosecute the juveniles. <\/p>\n
The DA’s most significant concern was Lucas already charged
\nthe juveniles with a municipal ordinance violation and fined them $500 each
\nwith the promise no other consequences would come of the investigation. In
\nresponse, two of the juveniles spoke to Lucas and paid the fines.<\/p>\n
\u201cIn the case of two of the juveniles, it is clear they only
\nchose to waive their constitutional rights and make certain admissions because
\nof this ‘official’ promise,\u201d District Attorney Matt Karzen wrote in a news
\nrelease. \u201cUnder these circumstances, the admissibility of their statements in
\nany further prosecution is in serious doubt.\u201d<\/p>\n
Aside from potential legal and constitutional problems with
\nfurther prosecution, Karzen noted that it would \u201coffend basic notions of
\nfairness to initiate state level proceedings against these juveniles after a law
\nenforcement officer promised them that would not happen if they waived several
\nimportant constitutional rights, and as a result, they waived those rights.\u201d<\/p>\n
The DA also noted that further prosecution would be hindered by a lack of evidence or concerns about the evidence.<\/p>\n
\u201cNone of the interviews were recorded, no narrative reports
\nabout the investigation were written, and there was no attempt to interview
\nother possible witnesses or conduct any forensic examinations for evidence,\u201d
\nKarzen said.<\/p>\n
Lucas originally cited the juveniles into the Kremmling
\nMunicipal Court, despite the alleged offense occurring outside town limits and
\nbeyond the jurisdiction of the municipal court. <\/p>\n
After the Grand County Sheriff\u2019s Office brought its concerns about the jurisdiction to Lucas, he amended the location of the offense on the citations he issued.<\/p>\n
The sheriff’s office requested the DA look into Lucas’ handling of the case, and the DA\u2019s office asked the Fraser Winter Park Police Department to conduct the investigation, which has led to criminal charges against Lucas for alleged official misconduct, oppression and false reporting.<\/p>\n
Karzen said that had the juveniles been cited into Grand County Court for animal cruelty, his office would not have pushed for felony charges but to have the juveniles enter Grand County\u2019s Juvenile Diversion Program, which \u201cprovides a balance of accountability and rehabilitation without formal court involvement.\u201d <\/p>\n
Karzen added that the juveniles who paid the $500 fines could be entitled to refunds because they were charged unlawfully, but they would likely have to initiate court proceedings for that to happen. <\/p>\n
The third juvenile was also cited with disturbing the peace,
\nbut did not pay the $500 fine and was scheduled to appear in Kremmling
\nMunicipal Court on Jan. 8. According to the Kremmling Municipal Court docket,
\nthe juvenile did not appear and the case was continued to Feb. 12.<\/p>\n
Karzen said he believes the court will have to dismiss that
\ncharge because it is outside the court’s jurisdiction.<\/p>\n
Kremmling Municipal Court Judge Ron Carlson previously told the Sky-Hi News that if he received a summons with an address listed outside the court\u2019s jurisdiction, he would not be able to prosecute the case.<\/p>\n
\u201cI would probably have to dismiss it,\u201d Carlson said.
\n\u201c(Jurisdiction) doesn\u2019t mean a person\u2019s residence, but it means where the event
\nhappened. You always have to establish venue and jurisdiction.\u201d<\/p>\n
Dec. 4 \u2013 Grand County\u00a0Sheriff\u2019s Office takes over the investigation<\/a>\u00a0into an alleged case of animal abuse involving three juveniles.<\/p>\n Dec. 13 \u2013 Fraser Winter Park Police Chief Glen Trainor\u00a0confirms his department is investigating<\/a>\u00a0Kremmling Police Chief Jamie Lucas for potential misconduct.<\/p>\n Dec. 20 \u2013 The town of\u00a0Kremmling places Lucas on paid administrative<\/a>\u00a0leave after receiving a letter from the 14th Judicial District Attorney\u2019s Office that Lucas had been Brady listed.<\/p>\n Jan. 2 \u2013 The\u00a0DA\u2019s office reviewed the Fraser Winter Park Police Department\u2019s investigation<\/a>\u00a0after it was completed in December.<\/p>\n Jan. 22 \u2013 In response to the allegations of misconduct,\u00a0Lucas takes a polygraph and requests a special prosecutor<\/a>. The DA refutes Lucas\u2019 claims.<\/p>\n