Crime
Coloradan who shot neighbor over squirrel-feeding dispute found guilty of attempted murder, assault
BOULDER, Colo. – A Boulder County jury found the man accused of shooting his neighbor amid a dispute over squirrel-feeding guilty of attempted second-degree murder and first-degree assault Friday.
Attorneys for 60-year-old Jon Barbour had argued he was acting in self-defense when he shot his neighbor, Jeffrey Browning, in the back in May 2016.
Barbour started feeding peanuts to squirrels in the neighborhood in order to reconnect with his dead parents, he claimed.
But his actions angered some neighbors, who claimed they had peanut allergies, and Barbour accused Browning of taking down fliers Barbour had put up explaining his reasoning for feeding the squirrels.
The shooting happened shortly after the fliers were removed.
Barbour remains in Boulder County’s custody without bond. He is scheduled to be sentenced Aug. 3, according to the Boulder County District Attorney’s Office.
Denver man convicted of lying about combat deployment, PTSD to get VA disability benefits
DENVER – A Denver man received disability pay from the Department of Veterans Affairs (VA) for two years after claiming he suffered from post-traumatic stress disorder from a deployment overseas, despite never having been deployed and being dishonorably discharged from the U.S. Army.
Cameo Williams, 34, was found guilty by a federal jury on Monday of one count of making a false statement. He has yet to be sentenced, but faces up to 5 years in federal prison and a fine of up to $250,000.
Williams spent years claiming he had deployed overseas for combat and suffered from PTSD afterward. The VA compensated him with disability payments because of his claim.
But it was later discovered he had actually only spent two years in the U.S. Army and never was deployed for combat before he was eventually discharged for misconduct, the U.S. Attorney’s Office said.
His sentencing date has yet to be set.
It’s hot car season, but Colorado’s new Good Samaritan law won’t take effect until August
DENVER – The Colorado Legislature made a new law this year protecting people who break into hot cars to rescue at-risk people and animals, but you could still risk punishment if you do so, as summer will be more than halfway over before the law goes into effect.
Temperatures are expected to reach near-record-breaking levels across Colorado Tuesday. The forecast high in Denver is 95 degrees—just 2 degrees below the record high of 97 set in 2007.
At 95 degrees outside, it takes just 10 minutes for the inside temperature of a car to rise to 115 degrees even if the windows are cracked or the car is parked in the shade.
The new law protecting Good Samaritans sailed through the Legislature, garnering only four “no” votes total in the House and Senate before Gov. John Hickenlooper signed the bill in April.
But it carries a provision that says it won’t go into effect until Aug. 9 – the end of the 90-day period following the adjournment of the legislative session – so people could still risk a penalty if they break into a hot car before then.
Once the law goes into effect, there will be a checklist people have to fulfill in order to not be charged as well:
- The vehicle in question can’t be a law enforcement vehicle.
- An at-risk person or non-livestock animal has to be in the car, and the Good Samaritan must believe that person or animal is “in imminent danger of death or suffering serious bodily injury.
- The vehicle must be locked.
- The Good Samaritan must make a “reasonable effort” to find the vehicle’s owner and document the vehicle’s characteristics.
- The Good Samaritan must contact a law enforcement, fire, or animal control agency before they enter the vehicle.
- The Good Samaritan must not interfere with the duties or direction of a law enforcement agent or first responder.
- The Good Samaritan can’t use “more force than he or she believes is reasonably necessary.”
- The Good Samaritan must remain with the at-risk person or animal and near the vehicle until law enforcement or first responders arrive.
- If the Good Samaritan can’t stay at the scene until first responders or law enforcement arrive, they have to let the responders know and leave their contact information with the vehicle.
The law does not apply to livestock, the term of which the law covers: cattle, horses, mules, burros, sheep, poultry, swine, llamas and goats.
Once the law goes into effect, any person who breaks into a vehicle to rescue an at-risk person or animal, as prescribed by the law’s parameters, won’t be subject to any penalties.
People can currently face charges of criminal mischief, criminal trespass or criminal tampering involving property if a district attorney decides to pursue charges. They could also face civil liabilities from the vehicle’s owner.
Since the beginning of 2017, Denver Animal Protection has received at least 175 calls about dogs left inside of vehicles during extreme heat or cold.
In Denver, people who leave animals in hot cars face animal cruelty charges and a fine of up to $999 and a year in jail.
It’s also illegal for dogs to ride in pickup truck beds, as the hot metal and direct sunlight can burn and dehydrate animals.
Denver also requires all pets to have outdoor shelters if they stay outside, lest owners also face animal cruelty charges.
Anyone wanting to report unsafe car or outside conditions for animals is asked to call 311 or 720-913-1311 immediately.
If an at-risk person is left in a car, call 911.
Fire at former home of person of interest in Kelsie Schelling case probed as possible arson
PUEBLO, Colo. – Authorities are investigating a fire at the former home of a person of interest in a young Denver woman’s disappearance as a possible arson, they said Monday.
Fire crews had to put out a small blaze at a home in the 5000 block of Manor Ridge Drive early Friday morning.
The home used to belong to the grandmother of Donthe Lucas, who has long been considered the prime person of interest in the 2013 disappearance of Kelsie Schelling, a 21-year-old Denver woman who was pregnant with Lucas’ child when she disappeared. Lucas lived there on and off over the years.
Crews dug through the house and backyard in April for possible evidence in the case.
But amid the ongoing investigation into Friday’s fire, Pueblo Police Department spokesman Sgt. Eric Gonzales told Denver7 Monday that there was not yet any evidence that the fire was connected to the Schelling case.
“We are investigating the fire as a possible arson,” Sgt. Gonzales said. “At this point there is nothing to suggest the fire is connected to Kelsie Schelling’s case, but we are not ruling out anything until the investigation is complete.”
The police department said in April it had found evidence in connection with the case at the home, but never specified the nature of the evidence aside from saying it wasn’t a body.
On Friday, KRDO reported that Pueblo Fire Department officials said the fire was suspicious, but that investigators didn’t know if it had been set intentionally.
The spokesman for Pueblo Fire was out of the office Monday and could not return requests for further comment.
Schelling was 21 years old and eight weeks pregnant when she vanished on Feb. 4, 2013. She had her first doctor’s visit and had seen a sonogram of her baby earlier that day.
After the trip to the doctor and a shift at work, the Denver woman drove two hours south to Pueblo to visit Lucas, and has never been seen since.
Lucas was found to have parked her car at an area Walmart the day after she disappeared, and an unidentified man picked it up and eventually dropped it off again at the St. Mary-Corwin Medical Center. Police recovered the vehicle Feb. 7.
Schelling was never seen in surveillance video at either location.
Investigators discovered through text messages that Schelling and Lucas had talked to one another once she had reached Pueblo, but the messages stopped shortly after she got there.
Pueblo police say the investigation into the Schelling case remains ongoing and that they are looking for tips related to the case. To submit anonymous tips in the case, contact Pueblo Crime Stoppers at 542-STOP or go to their website. You can also contact the Colorado Bureau of Investigation at 303-239-4300.
Centennial doctor murdered trying to help neighbor honored with Carnegie heroism medal
DENVER – Dr. Kenneth Atkinson, the man shot and killed while trying to protect his neighbors from a gunman in Centennial in April 2016, is being honored posthumously with a Carnegie medal for heroism.
Atkinson is one of 19 people receiving the honor Monday for bravery, and one of four people being honored who died during his act of heroism.
Atkinson’s killer, Kevin Lyons, was sentenced June 4 to life in prison without parole, plus 352 years, for Atkinson’s murder and other charges related to the shooting.
Lyons shot his wife at their home in early April 2016. She ran out of the home and across the street, where other neighbors, including Atkinson, tried to help.
Atkinson was on the phone with 911 when Lyons shot him, first in the leg, then again from close range—a shot that killed him.
Lyons’ wife and another woman were both also wounded in the shooting.
After Atkinson’s death, those who worked with him at a Centennial clinic he ran said he had been committed to his patients for decades, and said he was a loving family man who would do anything for others.
The Carnegie Hero Fund Commission has given out nearly 10,000 of the medals for heroism since 1904.
Top science journal takes issue with Justice Dept. heads’ ideas on marijuana and health
DENVER – The country’s oldest monthly magazine, Scientific American, slammed the Justice Department’s top two officials for their recent comments on marijuana in a column published Wednesday.
First, Massroots.com on Monday reported that Attorney General Jeff Sessions had sent a letter to congressional leaders asking them to help him undo the Rohrabacher-Farr amendment, which stopped the DOJ from using federal money to prosecute people inside states with legal medical marijuana programs.
“I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime,” Sessions wrote in the letter. “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”
The letter went on to ask lawmakers to include language in the next fiscal year’s budget that says marijuana can lead to “significant negative health effects.”
Sessions has left many wondering what the Justice Department will do with states’ medical and recreational marijuana programs, as he has made veiled statements in the past few months. As a congressman, he became well-known in marijuana advocacy circles for his declaration that “good people don’t smoke marijuana.”
He at one point compared medical marijuana users to opioid users, and has batted down any scientific studies that say medical marijuana may greatly reduce opioid use among abusers trying to get clean.
But it’s unclear if Sessions’ request will hold any water with lawmakers, who have passed the Rohrabacher-Farr amendment in each fiscal year’s budget since it was first introduced. A review of marijuana laws is set to be completed by July, according to Massroots.
And the 2013 Cole Memo from the Justice Department specifically implemented guidelines for how states could avoid interference from federal agents and prosecutors—something Sessions has said was “valuable.”
But on Tuesday, Sessions’ deputy, Rosenstein, told both the House and Senate’s appropriations committees that the Justice Department would continue to keep marijuana as a Schedule I drug—the classification used for the most dangerous drugs.
“It’s illegal, and that is the federal policy with regards to marijuana,” Rosenstein said.
But he also noted that the Cole Memo is in effect, which he called it a “policy which is an effort to balance the conflicting interests with regard to marijuana.”
He also said, like Sessions has in the past, said that “scientists have found that there’s no accepted medical use for” marijuana—a notion that Scientific American shredded in its Wednesday column.
“This epidemic is one of addiction and overdose deaths fueled by opioids—heroin, fentanyl and prescription painkillers—not marijuana,” Scientific American’s Dina Fine Maron wrote. “In fact, places where the U.S. has legalized medical marijuana have lower rates of opioid deaths.”
The author then went on to note several scientific, peer-reviewed studies that seem to contradict both Sessions’ and Rosenstein’s stances.
One of studies was done by University of Michigan researchers and published last year. It found that chronic pain sufferers who used cannabis saw a 64 percent drop in opioid use.
Another study, from the Journal of the American Medical Association, found that yearly overdose deaths involving opioids were close to 25 percent lower in states with medical marijuana programs.
The column also noted that dependency for marijuana users was far lower than users of opioids, tobacco, alcohol and cocaine, and that “it is virtually impossible to lethally overdose on marijuana,” citing the National Institute on Drug Abuse.
Colorado Gov. John Hickenlooper and Attorney General Cynthia Coffman have both been active in finding out how the feds may deal with marijuana under the new administration.
Hickenlooper, along with governors of other states with legal marijuana programs, sent a letter to the Treasury and Justice departments in April asking Sessions and Treasury Secretary Steve Mnuchin to “engage” them directly before changing any regulations on the federal level.
Hickenlooper also earlier this year said he believed marijuana was a states’ rights issue and that state sovereignty should be respected.
Coffman personally invited Sessions and his staff to come visit Colorado to see its program first-hand, but the Justice Department has so far not made good on her request.
Fremont County deputy put on leave amid investigation; 6th deputy put on leave in 2017
FREMONT COUNTY, Colo. – Another Fremont County sheriff’s deputy has been put on administrative leave—the sixth so far in 2017.
Deputy Brody Koch was put on administrative leave Wednesday over allegations “concerning misuse of force during an arrest,” according to the sheriff’s office.
Koch will be on leave until the internal investigation is concluded. The administrative leave is standard for such investigations.
But Koch is the sixth Fremont County deputy in 5 ½ months to be placed on leave for various reasons.
Two sheriff’s office deputies recently returned to work after being placed on leave. Lt. Bruce Briscoe had been put on leave amid allegations he had a sexual relationship with a 17-year-old in 1999, but KRDO reports that no evidence was available after 18 years, and thus no charges were filed by the district attorney.
Deputy Tyler Mattson also returned to work on May 24 after he was put on leave for unknown administrative reasons.
Lt. Robert Dodd retired in April after being put on leave Jan. 1 after evidence relating to an old murder case was found in a storage locker that used to belong to him.
He faces charges on abusing public records and official misconduct.
Sgt. Aaron Hart is on leave amid an internal affairs investigation into some of his DUI stops—concerns that were raised by a Colorado State Patrol officer, KRDO reports.
And Fremont County Sheriff’s Office Cpl. Brandon Tilley was put on leave in early May after his son arrived to school with multiple bruises. He faces child abuse and assault charges.
Family identifies alleged Munich train station shooter as 37-year-old from Fort Collins
FORT COLLINS, Colo. – The man accused of shooting a police officer at a train station near Munich, Germany is a 37-year-old man from Fort Collins, identified as Alexander Bischof by multiple family members.
German media had only identified the alleged shooter at “Alexander B,” but Denver7 has confirmed with several of Bischof’s family members that Alexander had been visiting family in the area, and that Alexander had been arrested in connection with the Tuesday shooting. Continue reading
Douglas County HS teacher, softball coach arrested on child sexual exploitation, obscenity charges
DOUGLAS COUNTY, Colo. – A Douglas County High School teacher faces sexual exploitation of a child and obscenity charges after his arrest earlier this month.
Court records show Brian Stebbins, 41, was arrested June 2 on sexual exploitation of a child—inducement or enticement, and promotion of obscenity to a minor charges. The first is a class 3 felony and the latter is a class 6 felony.
The Douglas County High School website shows that Stebbins is an English teacher at the school who also teaches Advanced Placement classes. He is also a softball coach at the school, social media accounts confirmed.
The offense date listed in court records is Feb. 1, 2016. But police records in the case have been suppressed and are not currently publicly available, so the details of the alleged crime are unknown.
However, law enforcement sources told Denver7 Investigates the charges involve sexting with a minor student.
The school district sent notification to parents about the arrest Thursday afternoon. The notification came six days after Stebbins was arrested, three days after he was released on bond and about three hours after Denver7 Investigates called the district seeking comment. A district spokesperson said the school delayed notification to parents at the request of investigators.
Stebbins made his first court appearance June 5, and has since posted a $25,000 personal recognizance bond.
He is next due in a Douglas County courthouse on July 7.
LETTER TO PARENTS
Dear Douglas County High School Community,
I hope you are enjoying some time with your family and friends this summer. I apologize for interrupting your break, but I have some important information to share regarding our school community.
One of our teachers is currently involved in an ongoing law enforcement investigation. According to the Douglas County Sheriff’s Office (DCSO), Brian Stebbins was recently arrested on charges of sexual exploitation of a child and obscenity.
When these concerns were shared with me, I immediately reached out to our partners at the DCSO. As this is an ongoing investigation, I am unable to share further details surrounding the investigation, but I can reassure you that Mr. Stebbins is currently on leave, pending the outcome of this situation. This is difficult news to share and something I take very seriously.
Thank you for taking a moment to read this message. I appreciate your time and I look forward to seeing everyone back at school in August.
Sincerely,
Tony Kappas
Principal
Douglas County High School
ICE will continue immigration roundups at courthouses despite pleas from Denver officials
DENVER – A U.S. Immigrations and Customs Enforcement official respectfully declined to order a stop to his agents’ ongoing presence at Denver courthouses—something Denver’s officials called for in a letter to the agency in early April.
Matthew T. Albence, the Executive Associate Director at ICE, replied to the April 6 letter from Denver Mayor Michael Hancock and other city officials on May 25. The mayor’s office received the reply Monday. Continue reading