Office of the District Attorney
18th Judicial District
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District Attorney John Kellner | | |
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It has been an honor and a privilege to serve as District Attorney of the 18th Judicial District these past four years. Over the years my team of dedicated professionals dealt with the challenges of court closures and a massive backlog of cases caused by COVID and followed that up with our groundbreaking data dashboards for transparency and equity. We expanded access to diversion services across the district. We supported a first-of-its-kind warrant forgiveness programs for low-level offenses, along with the courts and Public Defenders. But most importantly, I’m proud of our work seeking justice in court while holding offenders accountable. Along with our partners in law enforcement, we have seen reductions in crime rates across almost all categories – from violent crime, sexual assault, to auto theft.
As many of you know, the 18th Judicial District is home to over 1.1 million people and is Colorado’s most populous judicial district. Since the creation of the 18th Judicial District decades ago, no other district has approached its rate of growth. For a variety of reasons, from politics to finances, the Colorado General Assembly voted in 2020 to establish a new judicial district – the 23rd – by splitting our current 18th district. Beginning January 14, 2025, Arapahoe county will remain the sole county in the 18th, while Douglas, Elbert and Lincoln will split away to create the 23rd.
Over the last four years, my team and I have worked tirelessly to plan for and implement the creation of Colorado’s first new judicial district in nearly 60 years, which will mark the end of my term in Office. We have worked through the details of splitting our personnel, case files, data, everything. From winding down benefits to establishing new packages with Arapahoe and Douglas counties, to lobbying the legislature for changes to the victim compensation fund law, our goal has been to continue providing justice services seamlessly through this unique transition.
In preparation for the “split”, my Office has worked closely with the District Attorney-elect of both judicial districts to ensure a smooth transition. Amy Padden is the District Attorney-elect for the 18th Judicial District and George Brauchler is the District Attorney-elect for the upcoming 23rd Judicial District. Both will be sworn-in on January 14, 2025. I’m grateful for their collaboration and support through these final weeks.
We’ve also had tremendous support and collaboration from our partners in Arapahoe, Douglas, Elbert, and Lincoln County governments. Entire teams of county employees have helped support the transition over the last four years. Despite all of these efforts, it’s important to recognize that this has been a challenging time of uncertainty for our team at every single level and within every department in our office. Our team has had to take on the additional challenge of splitting one of the largest offices in Colorado, and all of the meetings and logistics that go with it, while still doing their day jobs. For many employees, this also meant helping create services in a future judicial district where they were uncertain whether they would be able to keep their same position. This was a huge lift, and I’m proud of the professionalism and dedication that each member of my staff has shown throughout this huge undertaking. I know both the 18th and 23rd Judicial Districts will be well served by these teams long into the future.
Now, on to courtroom news. Ryan Scott Avery, 42, was sentenced in Arapahoe County to 48 years in prison for murdering his mother inside her home in 2021. Aurora police were dispatched after the victim’s daughter called to report she went inside the house and found her mother, Deborah Avery deceased in a recliner in the living room. The autopsy revealed Avery had been shot three times—twice in the face and once in her chest. The investigation quickly focused on Avery’s son, Ryan, who lived at the same home in Aurora. Ryan’s sister stated that she had recently taken control of her mom’s finances and believed Ryan did not approve of this action. Investigators were able to recover the pistol and link ammunition found in Avery’s car with the ammunition used in the murder. News release is here.
In Douglas County, Michael D. Hemersbach, 36, was sentenced to 23 years in prison following a traffic stop that resulted in a large drug seizure that included meth, cocaine, ketamine and fentanyl pills as well as large amounts of cash. A Colorado State Patrol trooper observed Hemersbach weaving in and out of traffic on southbound I-25 and initiated a traffic stop. The CSP trooper smelled odor of marijuana in the vehicle and Hemersbach’s eyes were red and watery, and spoke with a slowed speech, and then failed a roadside sobriety test. As a result, a Douglas County Sheriff’s Office K-9 was brought to the scene to perform an “open air” test leading to discovery of drugs in the vehicle. This incident is the third conviction of Hembersbach for drug distribution. A dangerous felon peddling poison will be behind bars for the foreseeable future thanks to the hard work of my team in partnership with the Douglas County Sheriff’s Office and the Colorado State Patrol. News release is here.
In other news, I launched a warrant forgiveness event in our Office in 2022 and in November, we held our fourth event. This program gives defendants with certain offenses an opportunity to get back on track. These events also allow us to focus our limited court and law enforcement resources on the most serious offenses, while saving taxpayers money and ensuring accountability for offenders.
As we enter the holiday season, I’m thankful for all of my staff who continue to fight for victims everyday so they get the justice they deserve.
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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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AMBER AND FANCY
Amber Urban, Director of Victim Services, spearheaded years of research before officially launching our Courthouse Facility Dog program in 2012. Pella was the very first Courthouse Facility Dog in Colorado and paved the way by having her law passed in 2019 (§ 16-10-404). Fancy is our current beloved Courthouse Facility Dog.
A Courthouse Facility Dog is instrumental in providing emotional support for a victim, witness or family during the court process. They often accompany a witness in a courtroom so the person testifying has support. Outside of the courtroom, a Courthouse Facility Dog can build a positive relationship and rapport with an attorney, law enforcement or other professional and the victim, witness or family member.
After Pella’s retirement in October 2021, the 18th Judicial District Attorney’s Office saw the overwhelming value in maintaining a Courthouse Facility Dog program. In October 2021, we brought Fancy on board. Many people enjoy having physical contact with a safe, well-trained dog like Fancy. No matter how much we may want to hug or provide physical comfort to our victims or families, we must refrain from doing that. Not only can Fancy have this personal contact, but she can literally change the physiological response of a person who is feeling stress or trauma. That physical and visual contact impacts the stress response and neurobiology related to trauma in a positive way. It lowers blood pressure, slows the heart rate, slows breathing, increases oxytocin and other positive stress hormones and decreases adrenaline and cortisol. The impact of these changes makes it easier for someone to communicate stressful information and make the experience of talking about a stressful life event a little more positive than it might have been otherwise.
It's important to note that you have the right dog for the right job. A Courthouse Facility Dog must be well-trained and able to sit quietly so they do not cause a distraction. Occasionally, we will face obstacles. For example, the defense may argue that having a courthouse facility dog present is prejudicial to the defendant or will invoke sympathy from the jury and make the victim or person with the "facility dog" appear more credible. Ultimately, it’s up to an individual judge on whether to allow a courthouse dog into a trial.
Across the US, there are approximately 326 Courthouse Dogs serving in this role in 41 states. These "facility dogs" work in District Attorney’s Offices, Child Advocacy Centers and various Law Enforcement Agencies. Colorado is now one of nine states that has enacted Courthouse Facility Dog Legislation.
You can also find Fancy on Instagram: @Co.courtdogfancy_v
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LEGAL ASSISTANTS
A Legal Assistant within 18th Judicial District Attorney’s Office performs a variety of important clerical duties to support attorneys in preparing cases as they progress through the criminal justice process. The 18th Judicial District Legal Assistants are assigned to various integral departments within the office including Intake, County Court, District Court and other specialized units such as the Special Victims Unit, Juvenile, Domestic Violence, and Organized Crime units. Responsibilities may include preparing felony, juvenile and misdemeanor case filings, drafting legal forms such as motions, writs, and petitions, and compiling necessary supporting documents like motor vehicle and criminal histories. A Legal Assistant also monitors court dockets to ensure case deadlines are met, generates subpoenas, and coordinates the timely processing of discovery files for hearings and trials. A Legal Assistant also assists with producing photographic and media exhibits in preparation for trial.
The position requires extensive knowledge of the criminal justice system, including court proceedings and legal terminology as well as managing case files through various systems like ACTION, e-Discovery, and Criminal e-Filing, and maintaining both paper and electronic records.
A Legal Assistant must be able to prioritize tasks and handle sensitive information with discretion. Although a Legal Assistant is not a front-facing position at trial, their work is crucial in helping our prosecutors seek justice on behalf of crime victims. The Legal Assistants are relied upon heavily by their assigned Deputy District Attorneys and are an essential part of the team.
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Veterans Day
District Attorney John Kellner and the 18th Judicial District Attorney's Office
are proud to recognize the men and women in our Office
who have served in the U.S. Military.
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Darcy Kofol, Senior Chief Deputy DA, attended the year-end Partnership of
Douglas County Governments elected officials meeting which included a
welcome to incoming elected officials.
Photo (left to right): District Attorney-elect George Brauchler, Commissioner
Lora Thomas, Darcy Kofol, State Rep. Anthony Hartsook, State Senator and Commissioner-elect Kevin Van Winkle and Commissioner Abe Laydon
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Warrant Forgiveness Event
A big thanks to our Deputy District Attorneys who volunteered to work at a Warrant Forgiveness event held at the Arapahoe District Court on a Saturday. This was the fourth such event and was held as part of a metro-wide warrant forgiveness event. Community partners were available to provide on-site resources.
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Chris Wilcox, Garrik Storgaard, Amber Urban and Fancy, our beloved courthouse facility dog, hosted students from Chaparral H.S. at our Douglas County Office. The students' visit included a trip to Douglas County courtrooms to watch part of two separate trials -- both of which resulted in guilty verdicts. | |
18th & 23rd Judicial Districts | |
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18th Judicial District is comprised of
Arapahoe, Douglas, Elbert & Lincoln counties
(Census – population estimate as of July 2023)
Arapahoe (656,061)
Douglas (383,906)
Elbert (28,806)
Lincoln (5,480)
Largest judicial district by population in Colorado.
Currently 22 judicial districts in Colorado.
23rd Judicial District will be created in January 2025
(Douglas, Elbert & Lincoln counties)
18th Judicial District will be revised in January 2025
(Arapahoe county)
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Nate Marsh, Senior Deputy DA, participated in a documentary interview with the producers of “Killers: Caught on Camera.” The true-crime series episode featuring the Casey Devol case is slated to air in the first quarter of 2025.
Casey Devol was sentenced to 97 years in prison for shooting and killing his sister, his sister’s boyfriend, and a dog last year. In February 2022, Douglas County Regional Dispatch received a call about two deceased people at a home in Unincorporated Douglas County. The reporting party stated that he was bringing a car title over to an employee of his and when he walked into the garage, he noticed two dead victims and called for help. News release is here.
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Consumer Fraud Protection Unit | |
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Schedule a presentation on Consumer Fraud Protection for your organization, business or community. Learn more about current trends, concerns, and fraudulent activities in our district, around Colorado, and nationally.
Report potential or suspicious consumer fraud to Jamie Sorrells,
Director of Consumer Fraud Protection, at email: consumer@coda18.gov
Website link: Consumer Fraud Protection
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Colorado Springs man sentenced to two decades in prison for trafficking meth
and fentanyl
In Douglas County, Michael D. Hemersbach, 36, was sentenced in November to 23 years in prison following a traffic stop that resulted in a large drug seizure. In July 2023, a Colorado State Patrol trooper and a field training officer (FTO) noticed a vehicle weaving in and out of lanes on 4 separate occasions on southbound I-25 and conducted a traffic stop. During the stop, the trooper smelled the odor of Marijuana from the vehicle and noticed Hemersbach’s eyes appeared blood shot and watery, and spoke in a slowed speech. The trooper also stated Hemersbach did not perform roadside maneuvers as a sober person would. A K-9 with the Douglas County Sheriff’s Office was called to perform an “open air” sniff. The K-9 gave a positive alert to the presence of drugs inside the vehicle. Upon searching the car, troopers found large amounts of cash, multiple cell phones, and small baggies of meth, cocaine, and ketamine.
Full news release is here
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Aurora man sentenced to four decades in prison for shooting, killing his mother
In Arapahoe County, Ryan Scott Avery, 42, was sentenced to 48 years in prison for murdering his mother inside her home back in 2021. Aurora police were dispatched after the victim’s daughter called to report she went inside the house and found her mother, Deborah Avery, 70, deceased in a chair located in the living room. The autopsy revealed Avery had been shot three times—twice in the face and once in her chest. The investigation quickly focused on Avery’s son, Ryan, who lived at the same home in Aurora. According to the arrest affidavit, Ryan’s sister told authorities that she had recently taken control of her mom’s finances and believed Ryan did not approve of this action.
Full news release is 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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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 DA's offices statewide.
(9News) DAs use data dashboard to fight inequities in justice system
(Op-ed) New data will analyze how your DA is doing
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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 in a public safety-related event, please email aogg@coda18.gov
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A quarterly town hall is part of
District Attorney John Kellner's
community-focused effort.
Our latest town hall video
with Special Guest:
Chief Kirk Wilson
of Lone Tree P.D. is here.
For PAST events, click here and select videos.
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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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