Office of the District Attorney
18th Judicial District
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District Attorney John Kellner |
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The month of May is a time of remembrance and to honor those who have served and fallen in the line of duty or while serving our country: Memorial Day, National Police Week and Law Enforcement Memorial Ceremonies. Earlier this month, I joined the Douglas County Sheriff in honoring deputies who gave their lives serving their community. I am also a U.S. Marine Corps veteran of the Afghan war and continue to serve in the Marine Corps Reserve, so this month has always held a special significance and weighs heavy on my heart. I hope you all will join me in taking time to reflect on the ultimate sacrifices made by these men and women.
In other news, the Colorado General Assembly adjourned on May 8th. As expected, there was a flurry of activity to meet the 120-day deadline of a legislative session. In past newsletters, I have addressed several public safety bills. Here’s an update on how things went:
My Office prosecuted a case a few years ago where the defendant stabbed a man in the neck (the victim thankfully survived). But the case exposed confusion in the law around what is defined as “serious bodily injury”. Most people would think if someone is stabbed in the neck that’s obviously “serious bodily injury” or SBI. Not so fast! The appellate courts disagreed, so we took our case to the legislature to update the law. Along with the support of the Colorado District Attorney’s Council (CDAC), the law is now clear that gunshot and knife wounds are considered SBI. This is a win for victims and helps ensure accountability for criminals. Senate Bill 34 Definition of Serious Bodily Injury passed and was sent to the Governor.
I also testified in support of Senate Bill 97 (SB97) Motor Vehicle Theft and Unauthorized Use. As previously noted, I approached the Colorado District Attorneys’ Council (CDAC) in mid-2022 with a proposal for a bill to eliminate value-based penalties and instead, increase penalties, especially for repeat offenders. All of the elected DA’s supported this bill. SB97 passed and was sent to the Governor.
Senate Bill 279 (SB279) Unserialized Firearms And Firearm Components aimed to prevent criminals, convicted felons, juveniles, domestic violence abusers and other prohibited possessors from circumventing background checks by simply buying unserialized gun parts and assembling a “ghost gun”. I testified in support of establishing criminal penalties for possessing or selling untraceable firearms with no serial number. Additionally, a part of the bill that has not been widely discussed but is critically important, is the element that addresses machine gun conversion devices or “switches” that convert semi-automatic weapons into automatic weapons. These switches are easily manufactured with 3D printers and then illegally sold without any required background check. SB279 passed and was sent to the Governor.
Senate Bill 22 (SB22) Possession of Weapon by Previous Offender (POWPO) sought to add aggravated motor vehicle theft back to the list of convictions that would prevent a convicted felon from possessing a gun (recall the legislature made it easier for convicted felons to possess guns a few years ago). I testified to amend the bill to also include individuals who had been previously convicted of felony distribution of drugs. Unfortunately, SB22 was purposefully stalled in committee in the House and ultimately not brought to a vote before the session ended. At a time when car theft and drug dealing are rampant in Colorado, it was disappointing to see such opposition by those would rather coddle criminals than protect our communities from gun violence.
I will continue to advocate for my public-safety related priorities and I encourage you to share your concerns with your elected legislators.
In courtroom news, I am pleased to report that an Arapahoe County judge sentenced Kenneth Dean Lee to 40 years in prison for his latest assault involving a young child. In April 2020, Lee had been released by the Colorado State Board of Parole after serving just a fraction of a 23-year sentence in prison for similar charges.
It’s disheartening and appalling when a person convicted of sexually violent crimes gets released after serving a fraction of their sentence. Colorado has a lenient parole system that allows dangerous offenders to walk out of prison early and re-offend. For this defendant, I can only hope this latest sentence will keep him behind bars so he can’t harm anyone else in our community. But for the rest of the state, this case is a clear example for why we need Truth in Sentencing, so victims, offenders, and society all know what the sentence handed down by a judge actually means.
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The 18th Judicial District
is comprised of four counties:
Arapahoe, Douglas,
Elbert and Lincoln.
Our office proudly serves
over 1.1 million people.
The 18th JD is the most
populated judicial district
in the state of Colorado.
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THE APPEALS UNIT
Appeals and Legal Assistance/Civil/Extraditions/Out-of-State Witness/Sex Offender Registration/Records/Sealing/ Clemency, Commutation and Parole
Appeals and Legal Assistance:
The Appeals Unit in the 18th Judicial District Attorney’s Office consists of four attorneys and two paralegals. While the title suggests our primary focus is appeals, often the goal is preventing appeals. We do this in several ways. First, we help trial/docket attorneys with complex legal issues by providing research, motions, responses and briefs. Second, we provide legal updates and summaries of all criminal appellate opinions and conduct trainings for docket attorneys. Third, the Appeals Unit drops everything when an attorney has a legal issue come up in trial and needs immediate answers, legal authority and advice on how best to handle the issue.
Our Appeals Unit also handles a variety of appeals, including appeals to the Colorado Supreme Court when critical evidence is suppressed. We also have been involved in a number of Colorado Appellate Rule 21 (CAR 21) appeals where no other remedy is available due to an adverse ruling on issues like double jeopardy, speedy trial, bond, and discovery.
The majority of our appeals are direct appeals from county court to district court in cases like DUI, misdemeanors and traffic offenses. When convictions result from trial and the defendant appeals, we defend convictions against claims that the trial court committed errs.
We also defend decisions to revoke or suspend driver’s licenses as determined by the Colorado Department of Revenue, Motor Vehicles Division. The District Attorney defends licensing actions against the motorist that live within the 18th Judicial District keeping our roads safer for the rest of the community.
The Appeals Unit represents the Office in civil litigation, such as lawsuits against the District Attorney for injunctive relief, demands for prosecutions, and SDTs to and from the Office. An SDT is subpoena duces tecum and is a subpoena (court order) to appear and produce information.
Extradition and Detainers:
You have probably heard the expression the ‘long arm of the law.’ Extraditions and detainers are the mechanisms by which we bring out-of-state defendants or imprisoned defendants before the court to answer charges against them. Extraditions are a two-way street. We bring back our criminal law violators and we facilitate offenders from other states being sent back to the requesting state. We participate in the placement of detainers against incarcerated individuals so they may be returned to Colorado to face untried cases or to insure they complete their sentence when they have fled to avoid it.
Out-of-State Witnesses:
Trials require witnesses and sometimes those witnesses live out of state. Subpoenas are court orders but our courts only have state-wide authority. When we need a witness that lives out-of-state, we get a local court authorization to seek an order from the court where the witness is located. Similarly, when a prosecutor in another state needs a witness that lives in our community, we serve them with notice to come before our court so that they can be ordered to appear before the other state’s court where their testimony.
Records:
The public has the right to know what government is doing. Colorado has two laws that facilitate disclosure of information. Colorado Open Records Act (CORA) relates primarily to how government agencies spend money, but it excludes Colorado Criminal Justice Records Act (CCJRA). Information covered by the CCJRA involves the application of numerous statutes, rules, and court orders governing what types of information in criminal cases should or should not be released before, during, and after a criminal prosecution. Appeals advises on the legal issues. Materials are collected, and redacted when necessary by our paralegal working closely with the Central Services Unit which manages criminal discovery.
Sealing of Records:
Recently, the legislature has made substantial revisions to the laws related to the sealing of criminal justice records. Keeping up with these legislative changes has taken substantial time and effort. We review petitions to seal criminal records for eligibility and resist petitions filed by individuals who should not be able to conceal and deny a criminal past.
Sex-Offender De-Registration:
Sex offenders living in Colorado may be required to register as a sex offender whether convicted here or convicted in another state. Some sex offenders may, after a certain period of time and completion of treatment, seek to have the registration requirement of their sentence lifted. We scrutinize applications to ensure eligibility, obtain victim input and inform the District Court of any lingering safety concerns.
Clemency, Commutation and Parole:
The Governor has the authority to grant clemency, commute sentences or grant parole to people convicted of crimes in Colorado. Prior to doing so, the Governor must seek the position of the District Attorney’s Office that obtained the conviction. We review the case and inform the Governor of aggravating factors and behaviors that may not be readily apparent from conviction records. We also review the criminal history and conduct while under sentence. We locate and seek the victim’s position on the petition. We provide this information for the Governor’s consideration.
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DA John Kellner joined Sheriff Weekly at the annual Douglas County Sheriff's Office Law Enforcement Memorial to honor and remember the brave men and women who lost their lives in the line of duty. The event helps to kick off National Police Week. Video is here.
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Middle Photo: left to right
Stephen Santiago, Michael Buoniconti, Marisa O’Toole,
Christopher Dulmage, Lonnie Chavez,
Rachel Silva, and Tom Byrnes
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"Human trafficking is real. It is a scourge on our society and it's happening in places that you don't even recognize....and it is even happening in Douglas County. "
District Attorney John Kellner
Douglas County public safety announcement (PSA):
Click here (2 minute-video). You’ve heard about human trafficking, but would you know if a child in your neighborhood was being targeted? Human trafficking largely affects children under the age of 14, and, unfortunately, it is happening in Douglas County. Together, we can stop it.
COLORADO HUMAN TRAFFICKING HOTLINE:
CALL: 866-455-5075
TEXT: 720-999-9724
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Darcy Kofol, Chief of Organized Crime Unit, joined a panel discussion to address the deadly impact fentanyl has on our community and shared what our Office is witnessing with our surrounding law enforcement partners and community leaders.
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Charges filed against ex-Aurora police officer involved in on-duty fatal crash
The 18th Judicial District Attorney’s Office filed formal charges against Eduardo Landeros, 26, in relation to a deadly crash that occurred on the evening of March 4, 2023, on S. Chambers Road.
Colorado State Patrol conducted the crash investigation and turned over its findings to the 18th Judicial District Attorney’s Office for a charging decision. Landeros is charged with the following offenses:
Vehicular Homicide-Reckless Driving (Class 4 felony)
Criminally Negligent Homicide (Class 5 felony)
Questions regarding Landeros’ employment as an officer should be addressed with the Aurora Police Department Public Information Office.
Publicly available court documents can be requested via the 18th Judicial Courts. As a reminder, all defendants are presumed innocent until proven guilty in court. Future court dates and bond information will be posted accordingly on our DA18 Twitter page. News release is here.
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Jury convicts Colorado Springs man in deadly DUI crash on I-25 frontage road |
A Douglas County jury has found Ricky Avalos-Trujillo, 25, guilty in a crash that killed two high school students back in August 2022.
The investigation revealed Avalos-Trujillo was driving southbound in the northbound lanes on the I-25 frontage road at mile post 179 near Castle Rock when he crashed into a truck carrying four teenagers. The collision killed two of the teens and critically injured a third. The Coroner’s Office identified the deceased victims as Audrey Todd and Colton Bellamy. Both were 17-years-old.
Avalos-Trujillo faces a maximum of 30 years in prison. Sentencing is set for July 14, 2023 at 1:30 p.m. More details in news release here.
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Sex offender who posed as Immigration Official and assaulted young girls sentenced to four decades in prison
On May 8, 2023, Arapahoe County Judge Eric B. White sentenced Kenneth Dean Lee, 66, to 40 years in prison for his latest assault involving a young child.
On December 9, 2021, officers in Aurora were dispatched to an apartment complex on N. Chester Street to investigate a suspicious case where a man knocked on the door, identified himself as an Immigration Official and entered the apartment without permission. Two adults and a 7-year-old child were inside the home and they told investigators the “Immigration Official” demanded he speak with the 7-year-old alone in her bedroom. More details in news release here.
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All News Releases are here.
18th Judicial District Attorney's Office
Arapahoe, Douglas, Elbert & Lincoln Counties
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A quarterly town hall is part of
District Attorney John Kellner's
community-focused effort.
Video link to our most recent
town hall is below:
April 25, 2023
For PAST events,
please click below.
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District Attorney John Kellner spoke at the launch when eight (8) Colorado District Attorneys’ offices participating in a pilot phase, unveiled “data dashboards,” a new publicly-available resource designed to promote more effective, just, and transparent decision-making in prosecution. The dashboards were created through the pilot phase of the Colorado Prosecutorial Dashboards project. The project will next create the tools and infrastructure needed to scale up use of data in DAs’ offices statewide.
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Community Engagement & Education |
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Here to Educate, Protect, and Serve.
The District Attorney’s Office hosts, supports, and attends community events to provide an important presence in making community members aware that we are here to listen and to help work with them to strengthen the
community against crime and violence.
If you are interested in having our office speak to your organization or participate
in a public safety-related event, please Contact Us
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PEACE OFFICER CREDIBILITY DISCLOSURE NOTIFICATION
Effective January 1, 2022: Consistent with the requirements under state law, our office has adopted and implemented a policy based on the model created by the Peace Officer Credibility Disclosure Notification Committee pursuant to Senate Bill 21-174.This policy seeks to establish uniform and consistent standards requiring law enforcement agencies to disclose specific information to the district attorney that may impact the credibility of a peace officer in a criminal prosecution, and to establish procedures for the district attorney to timely disclose such information to the defense under the Colorado Rules of Criminal Procedure and to increase transparency to allow members of the public to access information concerning peace officers who are subject to a credibility disclosure notification.
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Interested in joining the District Attorney’s office for the largest jurisdiction in Colorado with easy access to the Denver Metro Area? Click Here
We offer a generous benefits package, including but not limited to medical, dental, vision, 401K matching, paid holidays and PTO.
Additionally, the 18th Judicial District also provides:
• Career advancement opportunities
• Trainings / Continuing Education
• Public Service Loan Forgiveness opportunities for those who qualify.
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Sign up for
newsletter here:
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