Officers that shot elk, pt 2

[MarkCO]

What is the saying??? Only dumb criminals get caught...regardless of his professional position, which in my opinion does make it worse, the guy was an idiot who believed he was above the law...and fortunately, he was wrong. When the guy at the top (in the WhiteHouse) can commit crimes with impunity, it does filter down.

[Bailey Guns]

On the other hand, if you and I to do something that stupid, they wouldve seized all of the guns, vehicles used in the crime, and at least 30-50k in fine plus trial. Sucky

Total nonsense. I don't know where you get this idea of the criminal justice system that throws the book at people but in my experience it's just the opposite. I arrested a guy who stabbed me in the face with a screwdriver. Repeat offender, in possession of cocaine. He plead to 2nd Deg Assault and got 60 days (originally charged with Attempt 2nd Deg Murder). While out on bond awaiting sentencing he was arrested for cocaine possession. He ultimately was sentenced to 90 days for that one.

That's far more typical than your scenario for a first-time offender.

[Ronin13]

Total nonsense. I don't know where you get this idea of the criminal justice system that throws the book at people but in my experience it's just the opposite. I arrested a guy who stabbed me in the face with a screwdriver. Repeat offender, in possession of cocaine. He plead to 2nd Deg Assault and got 60 days (originally charged with Attempt 2nd Deg Murder). While out on bond awaiting sentencing he was arrested for cocaine possession. He ultimately was sentenced to 90 days for that one.

That's far more typical than your scenario for a first-time offender.

THIS!
Had not one, but two Jefferson County Assistant DAs tell me they usually try to give people a break first offense. Not sure about attempt murder of a peace officer- I would have thrown his ass away for life! It seems like the Jeffco jail has a lighter load than the Jeffco Probation Dept.

[ChunkyMonkey]

Total nonsense. I don't know where you get this idea of the criminal justice system that throws the book at people but in my experience it's just the opposite. I arrested a guy who stabbed me in the face with a screwdriver. Repeat offender, in possession of cocaine. He plead to 2nd Deg Assault and got 60 days (originally charged with Attempt 2nd Deg Murder). While out on bond awaiting sentencing he was arrested for cocaine possession. He ultimately was sentenced to 90 days for that one.

That's far more typical than your scenario for a first-time offender.

Standard Dow procedure.. Vehicle and guns seized on any illegal hunting. I know this one is in the city.. But just saying.


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[BPTactical]

THIS!
Had not one, but two Jefferson County Assistant DAs tell me they usually try to give people a break first offense. Not sure about attempt murder of a peace officer- I would have thrown his ass away for life! It seems like the Jeffco jail has a lighter load than the Jeffco Probation Dept.

I can say with absolute certainty that this is bullshit.
I have an extended family member with a spotless criminal record aside from a minor in possession of alcohol(@ age 16, party was 20 when this incident occurred) that used to work at a well known auto dealership in Jefferson County. It was a well known secret that employees would take the loaner cars out on weekends for dates, cruises etc without management approval. Nothing ever happened to them.
Family member takes out a vehicle for a cruise and flattens both right side tires. No drugs, alcohol or accident is involved.
She arranges to have the vehicle towed in at her expense and does so, calls boss and explains what happened. Boss says no big deal, come to work on Monday and they will work it out.
She comes to work and is very remorseful and offers to write a check on the spot for the damages.
She is arrested for "auto theft in excess of $20,000", charged and booked, released on own recognizance.
Party goes to court after retaining a well known criminal attorney for counsel.
The DA absolutely refused to reduce the charges one bit even after the manager of the dealership wrote a letter to the court explaining that this was a good person and employee and wished no recourse on her other than the damages reconciled. They even stated that use of the vehicles after hours was a frequent occurrence and would stop after this incident.
Attorney provided school records (Honors Student and missed perfect attendance by two days)
The only thing the DA offered was to enter her into the Adult Diversion program but to do so she had to plead guilty to the charge of Auto Theft in Excess of $20,000, a Class 5 Felony punishable with 8-12 years in a State Correctional institute.
Lost her license for a year and has a felony conviction on her record at this time.
She is doing well in the program but even a minor LE contact has the potential to ruin it all and it could result in her next court appearance being a sentencing hearing on the original charge.
She completes the program successfully and the conviction is vacated and she can petition to have it sealed.
Not condoning what she did at all, she was in the wrong and knows it.
But don't try to say that Jeffco is lenient on first time offenders. It's bullshit.

[Bailey Guns]

I've been involved in several poaching cases, including the infamous 3 Bears shooting in Conifer many years ago (maybe 1995?). Yes DOW will seize weapons/vehicles/equipment. No doubt. I'm just saying it's rare for a first time offender, former police officer or not, to get the max punishment. But I think Carter is going to be the exception.

Karl Mayne, the guy arrested for shooting the sow and 2 cubs in Conifer, was looking at some serious charges if the Deputy DA had gotten his way. In the end the state only charged him with several misdemeanors instead of the felonies. He should've plead to something, too, because the DA was really out to hammer him. He wound up being convicted on all but one of 7 charges. It cost him dearly in terms of fines and $$ to defend himself all the way through trial. But he didn't get the max fines or jail sentence (up to 4 years) and didn't go to jail.

(Some interesting reading for those not familiar with the incident: http://www.nytimes.com/1995/10/06/us...are-bears.html & http://www.highbeam.com/doc/1G1-67778569.html )

This elk incident probably wouldn't have gone to trial for the average Joe but the DA even said he basically wanted to make an example of Carter and convict him on at least one felony count so he could never serve as a police officer again (and he shouldn't be able to). So, the point is, it looks like Carter is gonna be hammered while Curnow got 60 days home detention. I can see perhaps some prison time for Carter (maybe a year or less) with a long period of probation. Or perhaps longer prison time with a portion of it suspended and a long period of probation. That's much more than most people will get for poaching an elk.

[Bailey Guns]

15 years in the biz, Bert, I can tell you that's the exception rather than the rule in my experience. I'd be willing to bet every officer and former officer (and attorneys) on this board will agree. And a good part of that 15 years was in JeffCo. Also, if the dealership management wanted it to go away they could've refused to cooperate with the charges. No victim, no crime, basically. Adult diversion or a deferred judgment also allows for the incident to basically "go away" after the conditions are met. So that's pretty typical for a first time felony offender and is actually a pretty good deal for a person not likely to be a repeat offender.

[Wulf202]

If the da wanted to make an example of this guy there would have been more sensational journalism around the trial.

I suppose it is possible the da was pissed and said no to any plea deal.

[.455_Hunter]

The elk in question used to bed down about 50 yds off the edge of our property in the foothills, and I went to elementray school about one block away from where the it was killed, but I don't have any "weirdness" about it's death (I hunt elk every fall). The scary thing here is the premeditated cover-up executed by the officer in question.

[Ronin13]

I can say with absolute certainty that this is bullshit.

Okay, so maybe not every case, but the past couple of years they've been pressured (they never stated by whom) to give a little more slack in some of the lesser charge cases- especially first time drug offenses, which was the topic of discussion when we were chatting about it in the academy. I know Jeffco has had some issues with auto theft in the past, and so I can't say I'm too surprised what happened to your family member. That still seems a bit harsh, especially since her boss had her back. Obviously no two cases are the same, and some they take the totality of the circumstances and decide to offer deals, some they don't, YMMV.

In this case though, I actually can't see them going easy, we are talking about Boulder... Many of the trees in those parts have arm marks on them...