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Dr. Janice Husted, Colorado Springs psychologist, charged with sex assault on military client
Colorado Springs woman stabs man then assaults police officers
Boulder High School Principal Kevin Braney convicted in domestic violence case
Boulder High Principal Kevin Braney to return to work after pleading guilty to misdemeanor domestic violence
Colorado Springs woman arrested after stabbing husband with scissors
Eagle County woman beats beau nearly to death with table leg
Woman stabs man at Motel 6 in Wheat Ridge then steals his Jeep
Longmont woman assaults boyfriend for singing “Thrift Shop” over and over
Colorado Springs woman arrested after stabbing husband with scissors
Douglas County undersheriff Tony Spurlock cleared in possible domestic incident
Colorado Springs woman stabs man during domestic dispute
Woman and man stab each other, he is arrested in Colorado Springs
Woman and man stab each other, he is arrested
Wheat Ridge woman stabs her own child in attempt to frame a man
Semyon Varlamov, Avalanche goalie, arrested on domestic violence charges that prove to be false
Windsor woman convicted and sentenced for rape hoax
Denver prosecutors drop domestic violence charges against Aron Ralston; girlfriend pleads not guilty
Colorado Springs woman runs down her boyfriend and then drives away
Security-Widefield woman arrested after shooting at her brother-in-law
Abstracted from story by Michael Roberts, Westword
January 1, 2013
— Hollywood loves stories about psychiatrists and patients drawn into love matches during their shared time together — much of it involving a couch. But the folks at the Colorado Springs Police Department aren't nearly as charmed by the concept. Just ask Dr. Janice Husted, who's been arrested for getting horizontal with a client from the military.
The attraction between the man and Janice Husted, Psy.D., a clinical psychologist at the U.S. Department of Defense, appears to have been a slow burn. According to the CSPD, the man was assigned to receive counseling related to his combat deployments in the summer of 2010.
The man says his relationship with Dr. Husted became considerably more hands-on in August 2011 and continued through October or November of that year.
Dr. Husted apparently warned the man not to tell anyone else that they were dating. When he complained about having to keep this secret, she's said to have told him they could go public in a mere two years — and when that response didn't satisfy him, she precipitated a break-up.
This decision didn't get Dr. Husted off the hook. After a CSPD investigation, Janice Husted was busted on New Year's Eve. The charge against her — sexual assault on a client by a psychotherapist — is a class-four felony.
January 31, 2013 — According to the Colorado Springs police blotter officers from the Sand Creek station were dispatched to a known 911 call at 2540 Plymouth Drive at 9:57 AM. Upon arrival they found one male with a knife laceration to his back and several other adults and toddlers inside.
As the officers began their investigation Samantha Penaranda attempted to leave. The officers tried to detain her at which point she became physically aggressive, kicking one officer and scratching the other.
Ms. Penaranda was taken into custody for Domestic Violence Second Degree Assault, Child Abuse and two counts of Second Degree Assault on a Peace Officer.
The man who had been stabbed initially refused to be transported even though he was developing a large hematoma, the size of a tennis ball at the point of the laceration. He too was eventually taken into custody and transported to Memorial Central for treatment. He was admitted for overnight observation as a precautionary measure.
© 2013 by Joe Rubino, Boulder Daily Camera
The following news story is a perfect example of how draconian domestic violence laws destroy children, families, and careers. Andrea Braney was very likely to have been talking with her lawyer or a feminist group who told her that filing DV charges would be a “silver bullet” for gaining custody of the kids in their divorce.
If the law has any meaning Kevin Braney will lose his teaching certificate since he pled guilty. He likely won't find a job again in Colorado. So he won't have any income and she won't get any child support, the house will go, and likely any cars they have that are not fully paid for. Two years from now they will probably all be destitute and Kevin likely back in jail for non-payment of child support, violating the protection order for trying to see his kids, or some other trumped up charges.
March 8, 2013 — Boulder High School Principal Kevin Braney has been arrested on suspicion of domestic violence, child abuse and criminal mischief following an incident at his home where police say he damaged some property, and he is on paid leave from the school.
Police were called to the Boulder home Braney shares with his wife, Andrea, and their children at about 9:40 PM Wednesday on reports of a domestic violence incident, police say.
When officers arrived, Andrea Braney said they are in the process of divorcing. She said that early in the evening she had been rearranging property between rooms, taking her belongings from his room and placing his items on bookshelves in his room, according to a police report.
When Kevin Braney came home from a work function about 9 PM, his wife said, he was calm until he saw that things had been changed in his room, at which point he entered her room and began throwing things, damaging property and yelling at her, according to the report. She told officers he was acting in an unpredictable manner and she was worried things would become physical . [Emphasis added]
Police noted that a picture frame and a lamp were found damaged in Andrea Braney's bedroom. The bed frame had also been taken apart, and the mattress and box spring were turned over and were leaning against a wall.
Kevin Braney was arrested at 10:42 PM on suspicion of criminal mischief, domestic violence and child abuse for allowing a child to witness the incident, according to the report.
He wrote a voluntary statement following his arrest. He noted that after returning from work he saw his wife had taken her belongings from his room and he then decided to remove his belongings from hers.
He said at no time did he yell at his wife or touch her, though they did have “stern” words about finances.
He told officers prior to his arrest that part of what he was trying to remove from her room was a bed frame headboard, which meant taking apart the bed frame and required some force to accomplish. The bedside lamp may have been damaged in the process, he said.
Andrea and Kevin Braney both told police that he was planning to move out of the residence in the next few weeks.
Kevin Braney has been placed on paid administrative leave from his duties at Boulder High School while he addresses personal and health issues, according to Boulder Valley School District officials. He was hired as the school's principal in July 2009.
Assistant Principal Scott Cawlfield will serve as interim principal, officials say. Parents and other members of the Boulder High School community were informed about the situation in an email from the district Friday.
Attorney Todd Burnham [Not Recommended] is representing Kevin Braney in his divorce and pending criminal case. He spoke to the Camera on his client's behalf Friday evening.
“This is a man with an impeccable reputation, an Ivy League-educated individual with no criminal history whatsoever,” Burnham said of his client, who holds a bachelor's degree from Brown University. “I find it convenient that he is arrested and charged with criminal mischief and domestic violence contemporaneously with divorce papers being filed.” [And the EJF concurs with this statement but Burnham sold his client down the river by allowing him to take a plea bargain.]
Abstracted from story by Amy Bounds, Boulder Daily Camera
April 1, 2013 — Boulder High Principal Kevin Braney, who was placed on paid leave after he was arrested on suspicion of domestic violence, will return to work Tuesday, according to Boulder Valley School District officials.
His case was resolved when he pled guilty to a misdemeanor for unlawfully tampering with property.
In a letter sent to parents Monday, district officials noted that they have completed their review and are “pleased to have Mr. Braney return.” In the same letter, Braney offered an apology “for my personal life becoming part of the public conversation at Boulder High and in the community.”
He thanked the school community for its support, noting that he received encouraging letters, and promised to ensure that Boulder High has a successful conclusion to the year. [As he admits his guilt he should have been fired as the law requires!]
On March 6, Braney was arrested on suspicion of domestic violence, child abuse and criminal mischief after his wife called police and told them he was yelling and throwing things in the house he shares with her and their children. The couple is divorcing, according to police reports.
Twentieth Judicial District Attorney Stan Garnett requested a special prosecutor be brought in to handle the domestic violence case because people in his office routinely worked with Braney in his capacity as principal. Jefferson County Chief Deputy District Attorney Steven Jensen was appointed to handle the case.
At a hearing March 20, Braney pled guilty to misdemeanor second-degree criminal tampering. [Emphasis added. He was also convicted of domestic violence.] The charges of criminal mischief and child abuse were dismissed. Braney was given a 12-month deferred sentence and ordered to complete domestic violence treatment and have no contact with Andrea Braney.
March 10, 2013 — A 22-year-old woman was arrested after being accused of stabbing her husband, police said.
At about 12:35 PM police were called to1042 Palacio View, near Fountain Boulevard and Chelton Road, on the report of a stabbing.
The victim, a man in his 20s, originally told police he had been stabbed by two strangers near the 7-11 in the area.
Police said further investigation revealed that the man had actually been stabbed by his wife at their apartment home. His wife, 22-year-old Shaquiel Raymond, was arrested on the charge of Assault in the Second Degree.
Her husband was treated at a hospital for 'possibly life-threatening' stab wounds to his back and arm.
Abstracted from article in Denver CBS4
April 1, 2013
— Police were called to the Motel 6 on West 49
th
Avenue in Wheat Ridge late Monday night. Officers found a man in his mid-40s suffering from life-threatening stab wounds.
On Wednesday police received a tip that the suspect, Kyra Munford, 25, of Thornton was in Pueblo.
Pueblo police were able to locate the victim's silver Jeep Cherokee that had been stolen. They were also able to take custody of Ms. Munford. Wheat Ridge police then arrested Ms. Munford and transported her back to Jefferson County. The victim's vehicle and other items taken from the scene have been recovered.
Kyra Munford is being held at the Jefferson County Detention Center on suspicion of criminal attempted first-degree murder on a $250,000 bond.
The victim remains at St. Anthony's Hospital due to the severity of his wounds. He is not able to assist in the investigation. He has not been identified.
April 9, 2013
— Macklemore and Ryan Lewis' smash hit 'Thrift Shop' is undoubtedly a very catchy song. But is the ode to finding bargain basement prices a good song?
Therein lays the problem for many folks, including Samantha Malson of Longmont who now faces jail because 'Thrift Shop' really got under her skin.
Her crime went down at her boyfriend Lars Hansen's 26 th birthday party. After the pair consumed “all the alcohol in the house” Malson put 'Thrift Shop' on the stereo.
It was her intention to listen to it just once. However the insidious tune got stuck in Lars' brain and he began singing it “over and over.” (We're thinking it was the part about wearing your granddad's clothes.)
According to the police report Ms. Malson asked him to stop singing “25 times.” When that didn't work, Malson grabbed him around the throat and started choking. “I did it for intimidation,” she bluntly told the cops.
Samantha Malson now faces charges of harassment and domestic violence. [Note that if a man had done this the charge would be felony strangulation, attempted murder.] While Lars wasn't seriously injured the scary thing is that Ms. Malson is a certified Nurse Assistant. So, for the sake of her defenseless patients, nobody better play Macklemore (or PSY or Carly Rae Jepsen) anywhere close to her workplace.
April 21, 2013
— A 61-year-old woman stabbed her husband with a pair of scissors early Sunday evening and called 911 to report the crime.
Colorado Springs police were called to the 2400 block of East San Rafael Street shortly after 5 PM. upon receiving the call from Jerolyn Hanenberg. When officers arrived at the residence, they found Hanenberg's husband with stab wounds in the lower back and abdomen, police said.
The husband was hospitalized in critical condition, but was upgraded to fair condition by 8:30 PM. Sunday, according to Memorial Hospital officials.
Mrs. Hanenberg was arrested on suspicion of attempted murder.
Abstracted from stories in the Denver Post and other sources
April 27, 2013
— An Eagle County woman, Emily Anderson, age 28, of Bond broke the leg off a table and beat her boyfriend of three years nearly to death with it. She continued beating him until he was left bleeding and unconscious at which point she left. The disconnected table leg was left at the scene of the crime.
The victim was later discovered by friends at his home in a pool of blood suffering from a skull fracture, intra-cerebral bleeding, a fractured ulna on his left arm, and multiple scalp and facial lacerations.
Ms. Anderson was charged with attempted first -degree murder, assault with a deadly weapon causing serious bodily injury, trespassing and two “Crime of Violence” sentence enhancements. She was arrested the following day and held in the Eagle County jail on a mere $25,000 bond. [EJF note: A male committing such a heinous crime would certainly have had his bond set at 10x that amount.]
“Through her...actions, Ms. Anderson showed very obvious malice, and a clear disregard for the well-being of the victim, not only by inflicting such serious wounds, but then by leaving the scene and later refusing to cooperate with authorities,” Fifth Judicial District Attorney Bruce Brown said.
Ms. Anderson pled guilty to attempted second-degree murder on February 3, 2014.
Abstracted from story by Carlos Illescas, The Denver Postdenverpost.com
May 3, 2013
— Douglas County Undersheriff Tony Spurlock was investigated and cleared of a possible domestic violence incident at his Highlands Ranch home last month.
On the evening of April 10, a man walking a dog by the home of Spurlock, who has announced a run for sheriff in 2014, in the 6700 block of Lionshead Parkway in Highlands Ranch said he saw a potential domestic abuse situation.
The passerby called 911 and deputies arrived at the scene.
On the 911 tape obtained by The Denver Post on Thursday, the man said he heard a woman yelling and a man who appeared to shove a woman to the floor in an upstairs room.
“I was walking my dog and I saw what appeared to be domestic abuse possibly,” the caller told a dispatcher. “I heard yelling and I looked up and there's a woman and a guy came in the room and she picked up what looked like to be a bag or something and he grabbed her and threw her down.”
The man walking the dog was not identified in the recording and his name was redacted from department reports per state law. [EJF note: Under current draconian DV laws it has become quite rare for couples to call 911 during a domestic disturbance. See discussion under Mandatory Arrest section.]
In a sheriff's department report obtained through an open records request, Spurlock's wife, Stacy, tells deputies that she was “ angry over the laundry, but that nothing physical happened between them.” Stacy did not have any marks that would indicate she had been thrown to the ground.
A timeline written by the sheriff's office said Stacy “finds out Tony washed her clothes that are supposed to be dry-cleaned only” and is upset and the couple has a verbal argument. In an interview with deputies, Spurlock said his wife was mad at him because of the laundry and that she was yelling at him. Spurlock also said that nothing physical happened between them.
The Douglas County Sheriff's Office investigated and found no wrongdoing and he was not put on administrative leave. Spurlock was also cleared by an independent investigation by the Jefferson County Sheriff's Office that was requested by Douglas County Sheriff David Weaver.
June 22, 2013
— A Colorado Springs woman was arrested after police say she stabbed a man during an argument.
Officers with the Colorado Springs Police Department responded to a domestic disturbance in the 200 block of North Murray Boulevard at the Shannon Glen Apartments, around 6:30 PM.
When they arrived, police found a 51-year-old man with a stab wound to his left inner thigh. He was transported to the hospital to undergo surgery. He was last listed in stable condition.
Officers located the suspect, Wanda Phillips, 56, inside the apartment at Shannon Glen and took her into custody.
An investigation revealed the couple had been arguing when it turned physical and Ms. Phillips stabbed the victim, whose name has not been released.
The large knife used in the assault was recovered.
August 10, 2013 — Macallium Delgarico, 22, was arrested on suspicion of assault after Colorado Springs police said he stabbed a woman in the forehead and sustained stab wounds himself.
Officers said a 30-year-old woman had a minor stab wound to the forehead after mutual combat at 6:30 AM at the Park Terrace Apartments on the 3200 block of North Chestnut Street.
During the fight, according to police, Delgarico suffered two stab wounds to his lower leg.
The woman was treated at the scene and Delgarico was taken to a local hospital. In conformance with redfem ideology even though he suffered the more severe wounds she is considered the “victim” and was not identified.
Abstracted from story by Ryan Parker, The Denver Post
August 22, 2013
— Stephany Mary Harwood, 21, stabbed herself and her 3-year-old son in an attempt to frame a man she knew. the crime occurred on the Clear Creek greenbelt path near 48
th
Avenue and Otis Street in Wheat Ridge.
The trail is a popular spot for joggers and an elderly couple spotted the mother and son within minutes of the attack and assisted them, police said.
Ms. Harwood told police a man she identified as Marvin Gean Wilson, 44, whom she knew, jumped from the bushes, chased her and then stabbed her and the child, resulting in cuts to her legs and puncture wounds to boy's abdomen.
Wilson is a convicted sex offender and police shared the his photo and description, asking the public to call 911 if they saw him. He has a long rap sheet that includes sex assault and who has eluded police for approximately 5 years. Reportedly Ms. Harwood had been a witness to a crime Wilson committed many years ago.
Although Wilson had an outstanding arrest warrant, Wheat Ridge Police Department spokesman John Romero later stated the man was not connected with this crime.
After an investigation Wheat Ridge police arrested Stephany Harwood on charges of child abuse resulting in serious bodily injury on September 13 th . Ms. Harwood was held at the Jefferson County Detention Center on a $100,000 bond. The child was being taken care of by a family member.
In November 2014 Stephany. Harwood pled guilty to child abuse and in January 2015 was sentenced to 12 years in prison for her outrageous crime.
Abstracted from stories in The Denver Post and other news agencies
October 30, 2013 — Semyon Varlamov, starting goaltender for the Avalanche soccer team in Denver, was arrested on domestic violence-related charges that included kidnapping.
Varlamov's girlfriend, Evgeniya Vavrinyuk, 24. told Denver police he came home drunk October 28, 2013, and kicked her, knocked her down, dragged her by her hair and told her in Russian that “if this were Russia, he would have beat her more.” She told reporters that the star goalie laughed while he beat her. “He has no concept of when to stop drinking, and when he drinks he turns into an animal,” Ms. Vavrinyuk said.
Varlamov turned himself in to Denver police around 6 PM and was initially held without bond on second-degree kidnapping and third-degree assault charges, police said. The kidnapping charge is a Class 4 felony, punishable by to two to six years in prison, according Colorado statutes. Class 4 felony kidnapping is defined by taking someone and moving them to another place without their consent.
The assault charge is a misdemeanor and domestic violence is an add-on charge to any crime.
Varlamov remained in jail overnight because he could not post bail due to the domestic violence charge. Varlamov, prison officials said, was kept in a cell alone because of his celebrity. Under Colorado law Varlamov must first appear before a judge, which he did the next day and was released under $5,000 bond. The judge also gave Semyon permission to travel with his team while the case is pending.
The police charges stem from an incident that happened at an undisclosed time on October 28th or 29th, 2013, in the 1700 block of Bassett Street at the apartment the couple shared, police said.
Colorado coach Patrick Roy, when reached by phone Wednesday night, had no comment. Roy underwent a similar ordeal in 2000 when he was the goalie for the Avalanche.
Elaborating on her story at a news conference on October 31 st Ms. Vavrinyuk pointed to her chest, stomach, head, neck and arms — places where she said he had left bruises. In a police report, a detective had made note of bruises.
She told a detective that Varlamov kicked her in the chest and knocked her down, then stomped on her. He grabbed her by the hair and dragged her out of her bedroom and held her face to the floor, the police affidavit says. He also grabbed her by her arms, shook her and pushed her down again, she told police.
“While he was doing it, he was having a lot of fun, he was laughing. I was in horrible pain,” Vavrinyuk said, speaking in Russian through Diana Senova, an interpreter and the fiancée of Ms. Vavrinyuk's attorney, Robert Abrams. “He said that he can spend $2 million in a day and tells her that she's nobody, that she hasn't achieved anything in her life, that all she is pretty much a rag,” Senova said. “She really truly loved him and she wanted to have family with him...She thought maybe he would change.”
“She wants everybody to know what he really is and what he is capable of,” Senova said. “When she hears fans shouting his name, that he's such a great guy, she wants to make sure they know his real face. She wants to make sure he's punished for this.”
Ms. Vavrinyuk said that after abusing her, Varlamov then kicked her out of their apartment, which was “the final straw” in what she described as a violent, year-long relationship. Apparently Ms. Vavrinyuk had just started a three-month visit with Varlamov and claimed she is afraid to return to Russia because his fans there have threatened her and her mother.
Ms. Vavrinyuk said Varlamov had hurt her before in other countries where police seemed to look the other way. But she was confident the case would prevail in the United States.
On November 22, 2013, Denver District Attorney Mitchell R. Morrissey announced that Varlamov was only being charged with one count of third degree assault including domestic violence under Colorado law.
Varlamov initially faced charges of second degree kidnapping along with third degree assault. The kidnapping charge, which carries with it two-to-six years in prison, can be tough to prove and, as expected, it was dropped leaving the sole charge of assault.
Under Colorado criminal law, third degree-assault may be charged as a Class 1 Misdemeanor and is often charged in cases of domestic violence. To be considered third-degree assault, Varlamov has to have intentionally, knowingly, or recklessly (mens rea) caused bodily injury to Ms. Vavrinyuk.
As far as prison time, if convicted, Varlamov could have faced up to two years in jail although jail time on a first offence is quite rare.
If convicted, or if Varlamov would have accepted a plea bargain, a judge would look at a number of factors when sentencing, including whether it's his first offense, the type of damage inflicted and whether there are surrounding circumstances that justified his action (like self-defence). He would also have to attend mandatory domestic violence classes.
So while some jail time might have been a concern, the much bigger problem would be deportation.
Under a federal US law called the Immigration and Nationality Act, a noncitizen can be ordered deported if he or she is convicted of a crime that is listed as a “crime involving moral turpitude.” One such crime is domestic violence. So a conviction on third degree assault would trigger a deportation hearing.
Note that under Colorado law the district attorney cannot offer a plea bargain that does not include the domestic violence enhancer.
Interestingly, Varlamov replaced his first lawyer with Saskia Jordan from the law firm Haddon, Morgan, and Foreman. This is the same law firm Avs coach Patrick Roy used when he was arrested on his own domestic violence charge (although Roy used Pamela Mackey who also handled Kobe Bryant's case ).
There was also the issue as to whether Varlamov would be allowed to enter Canada. Entry into Canada is solely determined by the Canada Border Services Agency. Their policy provides that a person may be denied entry into Canada if he or she is guilty of a criminal offence or has committed a crime. The word “may” is key since it means that the Agency has the discretion to refuse a person entry and the EJF has heard from several men in similar situations that they were turned back at the border.
Conversely, if Ms. Vavrinyuk had prevailed with her charges of domestic violence she would have immediately been granted a green card by ICE and citizenship within six months. So she had a lot to gain by making these allegations, false though they may be.
The case against Colorado Avalanche goalie Semyon Varlamov was dismissed December 20, 2013. The case was dismissed because prosecutors say they could not prove the case beyond a reasonable doubt. With such swift action after only two months the case against Varlamov must have been extremely weak. Normally the district attorney will not dismiss domestic violence cases until the day before or morning of the trial.
When the case against former Avalance goalie, and now team coach Patrick Roy was similarly dismissed redfems quickly pressured the Colorado legislature into passing a law making destruction of one's own property a crime of criminal mischief. It will be of interest to see what new, even more draconian law comes of this false allegation.
It would also appear that Ms. Vavrinyuk was coached as to what to say and claim in order to gain American citizenship.
Abstracted from story by Jason Pohl, The Coloradoan
November 24, 2013
— Katherine Bennett, 20, accused 25-year-old Windsor man Dustin Toth of luring her to a Safeway parking lot before taking her back to his home, holding her there overnight and sexually assaulting her. She claimed he had drugged and raped her at knife point before she was able to run from the house.
She told police that Toth had convinced her to meet up and talk “as a friend” about his impending National Guard deployment, according to an arrest affidavit from the Windsor Police Department.
As a result of Bennett's report, Toth was arrested on suspicion of kidnapping and sexual assault and was jailed. But the case against him was quickly dropped when police discovered Ms. Bennett had fabricated the entire story.
As a result of the false report, Toth said he lost his job at OtterBox and was barred from deploying with his Army National Guard team to Cuba. He has since struggled to find work, been denied on multiple apartment applications and has become prone to anxiety attacks.
Investigators found numerous inconsistencies in her rape and kidnapping story. Bennett's arrest affidavit highlights several instances in which she changed her story and made claims that police later found to be untrue. As a result Fort Collins authorities arrested her December 10, 2013, on a warrant out of Windsor.
She was released on $20,000 bond after a motion to reduce it was denied. She then remained out of jail, staying with family in Illinois until her trial.
In August 2014 a jury in found Katherine Bennett guilty of lying to police and two counts of tampering with physical evidence — all felonies.
The woman who fabricated an elaborate hoax about being kidnapped and raped at knife point by a Windsor national guardsman fought back tears at her sentencing hearing as she exchanged her jewelry for handcuffs in a Weld County courtroom on October 24, 2014.
Katherine Bennett, now 21, was sentenced to 32 days in the Weld County Jail, 180 days of electronic home monitoring and five years of supervised probation during a hearing that included an emotional statement by the man whose life her false allegations decimated. [ EJF comment: Although this sentence seems light it is extremely rare for a woman to be convicted and imprisoned at all in such cases.]
At the sentencing hearing Dustin Toth, whose life has been decimated by this woman, nonetheless came forward on her behalf, stating: “Her actions have made it all the more difficult for real abuse victims to come forward,” he said, trembling. “This is unacceptable. No woman should have to live in fear of wrongful judgment because others have abused the system.”
“I beg that you do not allow this woman to shame the name of women,” he added. [EJF comment: Statistics vary but it appears that at least half of rape (now sexual assault) allegations are false or unsubstantiated.]
Katherine Bennett did not speak during the sentencing hearing.
Bennett's mother and father pled with the judge to impose a light sentence so their daughter could continue to see an Illinois psychiatrist for treatment of several mental health conditions including depression, obsessive-compulsive disorder, and post-traumatic stress disorder. [EJF comment: If anyone has PTSD as a result of this false allegation it is Dustin Toth, who will be haunted for decades by this incident.]
Ms. Bennett's parents and private attorney said that, although her condition and complications from medication were not an excuse for the false report, they were contributing factors. They asked the judge to consider her lack of prior criminal history and actions that “were not fully informed” as part of a broader picture — one made more complicated by the revelation that she is unexpectedly pregnant with her fiance.
To his credit, Weld County District Court Judge Timothy Kerns considered the “extremely unique situation” worthy of a “strong but appropriate” sentence that included jail time. Her crimes merited prison time, but Judge Kerns said the Department of Corrections would not adequately address her numerous mental health concerns.
“You have been a true victim,” Judge Kerns said to Toth, sympathizing with the setbacks and lack of follow-up media coverage since his name has been cleared. “You are unequivocally a very good person,” he added.
Though Dustin Toth has been able to find work with a security company and is now living in Fort Collins, irreparable harm has been done to him both psychologically and professionally, he said outside the courtroom, adding that he did not think the sentence went far enough.
Abstracted from article by Tom McGhee, The Denver Post
December 9, 2013
— A judge dismissed charges Monday against adventurer Aron Ralston, who was jailed after a domestic dispute in Denver.
“In an evaluation of the case, we determined there was no likelihood of conviction,”
said Melissa Drazen-Smith, assistant director of prosecution for the Denver city attorney's office.
Prosecutors are proceeding with similar charges against Ralston's girlfriend, Vita Shannon, who was arrested with him late Saturday at her home in Denver.
Ralston and Shannon, both 38, were arrested for one count of assault and one count of wrongs to minors. Police level the wrongs-to-minors charge when children are present but not hurt during a domestic incident.
Ms. Shannon pled not guilty to both charges and a third — disturbing the peace — that was added during the hearing Monday. Judge Claudia Jordan set bail at $550. She is scheduled to appear in court again Friday. If convicted, she could receive up to one year in prison and a fine of up to $999 for each charge.
Ralston told police that Vita Shannon hit him twice in the back of the head with her fists during an argument. Ms. Shannon told police Ralston shoved her on the shoulder as he left her home, according to the reports. Police noted that the couple's infant daughter was present during the fight.
In April 2003, Ralston was descending a slot canyon when a boulder he was climbing on dislodged, crushing and trapping his right hand against the canyon wall. After five days, he broke his arm and amputated the limb. Ralston's harrowing experience was made into the movie 127 Hours.
At Vita Shannon's trial Aron Ralston didn't show up to testify against her and, as mandated by Crawford vs. Washington, charges against her were dismissed.
December 18, 2013
— A domestic disturbance turned violent when a woman intentionally hit her boyfriend with her vehicle and then drove away, Colorado Springs police said. An arrest warrant for second-degree assault for Charmain Trujillo, 43, was issued.
Officers responding to a disturbance call found the injured man laying on the roadway about 11 PM in the 300 block of University Drive, police said. He was taken to a hospital with non-life threatening injuries.
According to police, the man was walking on University Drive when he was intentionally struck by a car driven by Ms. Trujillo.
December 18, 2013 — A child was rescued and a woman arrested after a shot was fired at a home in Security-Widefield Wednesday.
The El Paso County Sheriff's Office says that at 10:08 AM they received a report of an argument between a 24-year-old man and his sister-in-law, Rachel Thompson, 26.
Deputies say a gun went off at one point during the argument apparently when the man tried to push the gun away, but no one was hit. The man ran out of the house and called 911. Ms. Thompson stayed inside the home with an 11-month-old child.
The SWAT team was called in and there was a brief standoff before Ms. Thompson gave herself up. The child was not hurt.
Rachel Thompson is facing charges for felony menacing, child abuse and reckless endangerment.
Widefield School District 3 says that nearby Sunrise Elementary was placed on secure perimeter as a precaution during the incident.
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