The Sidebar ~ Scenes from inside the El Paso County courts

UPDATE: Man charged in crash that killed two pedestrians

December 10th, 2012, 4:27 pm by

A driver accused of killing two young pedestrians in Colorado Springs while under the influence of prescription methadone last month was charged Monday with two counts of vehicular homicide.

Robert Icenogle, 47, was impaired and shouldn’t have been behind the wheel during the Nov. 26 crash that killed 9-year-old Neto White and 17-year-old Leondro Carabajal as they were pushing a disabled minivan in traffic, according to charges filed against him in court.

Each count of vehicular homicide is punishable by up to six years in prison, though that penalty can be doubled in some circumstances.

Fourth Judicial District Judge Timothy J. Schutz granted Icenogle court-appointed attorneys during his brief appearance Monday. Icenogle, who is on disability, had exceeded income eligibility by $900 but the judge made an exception because Icenogle said he is unable to afford private representation. Private attorneys requested a $50,000 retainer to defend him on the charges, Icenogle told the court.

Police were called about 4 p.m. Nov. 27 to the crash at North Parkside Drive and Pikes Peak Avenue in Colorado Springs.

Investigators say Icenogle was under the influence of an allergy medication and methadone, which is sometimes used to treat heroin addiction, when he failed to stop for a disabled minivan being pushed by three people, including the victims.

Witnesses said Icenogle’s Dodge Durango slammed into White and Carabajal, crushing them. Neto’s sister, Anjelica White, suffered broken bones in her ankle and hand.

Icenogle is free on $50,000 bond pending a trial.

Audio recording captures woman’s ordeal in 2010 rape, beating

December 6th, 2012, 4:20 pm by

A man charged in the savage rape and beating of a 26-year-old woman in 2010 was in a jealous rage over suspicions she was unfaithful, according to a wrenching audio recording that captures indelible sounds of the assault.

Prosecutors implicate 28-year-old Ryan Cantor in the assault and played a two-hour recording Thursday that depicts the victim’s frantic pleas and her cries of pain as she was beaten for roughly two hours and made to perform a sex act.

The August 2010 ordeal unfolded during a forced drive through Colorado Springs, during which the woman was kept in the passenger seat at gunpoint, where she screamed and begged for mercy. She was pistol whipped, burned with a cigarette and subjected to a mock execution sung to the tune of “Eenie Meenie Miney Moe,” prosecutors say.

In court on Thursday, the victim sat crying near the back of the courtroom as the audio played, her shoulders shaking with sobs as her attacker’s death threats and withering insults boomed from a set of speakers — sometimes at throat-shredding volumes, sometimes in a hushed whisper radiating menace.

“I will knock you out and cut out your tongue,” the man screams against the metallic sound of a pistol smacking against her face, demanding to know “the truth” about why she had made plans to meet with another man.

Prosecutors say the woman began dating Cantor, a felon, in early 2010 and was reluctant to report his regular beatings of fear of reprisal.

She turned over her cellular phone recording of the assault when she decided to cooperate with police and implicated Cantor, prosecutors said. His attorney, Philip Dubois, argues there is no proof that Cantor is the man heard on tape, and he asked the jury to consider her drug use, criminal past and changing stories to police.

Cantor, wearing a crisp white shirt, wire-rimmed glasses and a close-cropped haircut,  directed a cold gaze at the woman as she told jurors that she was too terrified to ask for help when Cantor halted his beating long enough to stop and order food at a Sonic restaurant on Woodmen Road near the Wal-Mart in north Colorado Springs.

In a moment captured on the cell phone and heard in court on Thursday, the assailant’s voice softens momentarily as he orders snacks at the drive-through window.

“Umm, can I get a large cherry lime-aid, please?” he asks in the even, cheerful tone of a bank teller. “And can I just get some mozzarella sticks? That will be it.”

Afterward, the man found a place to park and continued his violent harangue while chewing his food.

“I’m bleeding to death!” the woman screams at one point, after being repeatedly hit with the butt of a gun. Photographs displayed in court on Wednesday show her face and arms covered in deep, black bruises and cigarette burns behind her ear and on her arm. According to prosecutors, police were summoned to assist her by a hotel desk employee who reported concerns that she would survive the night in her rented room — but she sent them away.

The woman divulged details of the abuse only after an intervention that involved her probation officer.

Prosecutors say Cantor, 28, frequently abused his then-girlfriend and used the woman’s phone to tape the assault as a way of humiliating her into submission.

The woman, whose name is being withheld by The Gazette, initially took the stand on Wednesday but cut her testimony short when she grew emotional. She arrived on time Thursday morning and testified for the rest of the day.

Retired priest’s sex-assault case held up over secret motions by defense

August 23rd, 2012, 9:31 am by

Those looking for news out of Father Charles Robert Manning’s Thursday morning court appearance will have to check back in October.

Manning, 77, was due to be arraigned on sex assault charges but a judge postponed the hearing to give attorneys time to argue two Father Charles Robert Manningdefense motions. The topic of those motions will remain a mystery for now: They were filed under seal on Friday and Monday.

Manning is a retired priest accused of sexually assaulting a 15-year-old boy he took under his wing for spiritual counseling. The allegations led to his ouster from St. Gabriel the Archangel Catholic Church earlier this year, and Manning has since moved into a home for retired clergy in the St. Louis area. He travels to Colorado Springs for court appearances, which he attends in a wheelchair and toting an oxygen tank.

Fourth Judicial District Judge Ronald Crowder set an Oct. 19 hearing for oral arguments. Manning is due to be arraigned at the same hearing.

Manning’s attorney Richard Bednarski previously informed the court he was in plea negotiations with prosecutors. It’s unclear if talks are continuing: There were no updates Thursday from either Bednarski or prosecutor David Kalicki.

DA’s Office to open doors for Child Safety Fair

August 9th, 2012, 11:03 am by

The 4th Judicial District Attorney’s Office will be hosting a Child Safety Fair from 8 a.m. to noon Friday.

Children who attend the free event at 105 E. Vermijo St. are encouraged to “Thank a Hero” by making cards for first-responders. Crayons and paper will be provided.

Among those expected to be in attendance are a Colorado Springs wildland fire team, complete with a brush truck, and the El Paso County Sheriff’s Office will arrange for an appearance by McGruff The Crime Dog.

The D.A.’s Office promises “goodie bags and giveaways galore” ….

See below for details from District Attorney’s Office spokeswoman Lee Richards.

The 4th Judicial District Attorney’s Office will host a free Child Safety Fair/Thank A Hero event to provide information on what to do in the event of an emergency, and to give the community an opportunity to thank those who keep us safe when we need it most. The Safety Fair/Thank a Hero will be held on Friday, August 10, 2012, from 8am-noon at 105 E. Vermijo, in downtown Colorado Springs, between Nevada and Tejon. Everyone is encouraged to bring thank you cards or notes to present to the first responders in attendance. (There will be a Thank A Hero table with crayons and paper where children can create their own thank you cards.)
The D.A.’s Office will provide fingerprinting for children of all ages. The fingerprints will be sent home with the parents. (No records of the visit are maintained.)
Several agencies will be in attendance: El Paso County Sheriff’s Office with Patches the Robot, Colorado Springs Utilities will provide fascinating demonstrations on how to stay safe in the event of various emergencies. Children can meet Colorado Springs Firefighters and a Wildland Fire Team and check out a Fire Engine and Brush Truck.
An impressive, interactive educational tool — the E-911 Safety Trailer – will offer children an unforgettable hands-on learning experience.
Colorado Springs Police Department will send McGruff The Crime Dog. (He’ll join Louie the Lightning Bug and Sniffasaurus from Colorado Springs Utilities.)
There will be goodie bags and giveaways galore – including gift cards from McDonalds, good for Free Happy Meals or Extra Value Meals. (while they last!)
Colorado Springs Fire Department will provide free blood pressure checks.
It’s a Safety Fair like no other and a chance for everyone to offer a much deserved thank you to the heroes in our community. See you Friday!
For more information, call Lee Richards at 520-6084.

Manitou Springs prom chaperones: “We are truly sorry”

August 6th, 2012, 12:55 pm by

Two chaperones accused of deriding students as “sluts and whores” for dancing too closely at the Manitou Springs prom last April only wanted to “keep kids safe,” they said in an apology letter to The Gazette.

Hannah Rockey and Jennifer Farmer agreed to apologize and make a cash donation to the Manitou Springs High School prom fund under a mediation agreement that resulted in the dismissal of misdemeanor harassment charges against them.

“We truly regret that the evening was less enjoyable than you hoped for,” the pair said in a statement addressed to attendees of the city’s prom dance, held April 21 at Manitou Springs City Hall. The statement was emailed to The Gazette on Saturday by attorney Josh McDowell. “Our intention was to keep kids safe while ensuring that they had a good time, and we failed some students in that regard.”

The women, both 42, were accused of hurling epithets and spraying a cleaning substance of some kind – they claim it was Febreze – to discourage dirty dancing.

The pair told police children were simulating sex acts on the dance floor. Eight students said they were left choking and battling teary eyes after getting hit with a chemical spray during the encounter.

The amount of the cash donation wasn’t made public.

Here’s the full text of the mandatory apology.

“To those attendees of the 2012 Manitou Springs High School prom who were offended by our actions and statements, we would like to extend a sincere apology. We take full responsibility for the actions and language that led to feelings of harm of those attending. We truly regret that the evening was less enjoyable than you hoped for. Our intention was to keep kids safe while ensuring that they had a good time, and we failed some students in that regard. For this we extend our heartfelt apologies.”

UPDATE: Angel, 21, pleads guilty in case involving deadly shooting by EPSO

August 3rd, 2012, 12:10 pm by

A 21-year-old woman who drove away from El Paso County sheriff’s deputies after her friend was shot during an attempted traffic stop last year pleaded guilty to a misdemeanor vehicular eluding on Friday.

Photo supplied by Colorado Springs police.

Brittany Angel of Colorado Springs will be sentenced to time served under a plea deal with prosecutors, the 4th Judicial District Attorney’s Office said.

Angel was the passenger in a car driven by 27-year-old Christen Vargas. Vargas, who sped from an attempted traffic stop on South Nevada Avenue, was shot in the driver’s seat after running over a sheriff’s deputy’s foot, authorities say. Angel moved her body and took over driving, managing to flee.

She was arrested several days after police found Vargas’ body in the car, which had been abandoned at Memorial Hospital.

An internal affairs investigation later concluded that the deputy who shot Angel shouldn’t have drawn his gun during the encounter

Fourth Judicial District Judge Timothy J. Schutz is expected to impose Angel’s sentence on Monday – the day she was to begin trial. Prosecutors agreed to drop charges of tampering with evidence, concealing a death and reckless driving in exchange for her guilty plea to the eluding count.

Vargas served at least 90 days in jail before posting a $11,000 bond, sources said.

The plea deal came as attorneys in the case were battling about the extent to which the defense could dwell on mistakes by El Paso County sheriff’s deputies in trying to halt Angel’s escape.

Cases dismissed against chaperones in Manitou prom ‘Lysol incident’

August 3rd, 2012, 9:35 am by

UPDATE: Prosecutor Charles Greenwood says the dismissals came after both chaperones participated in a mediation program overseen by DA’s Office. The chaperones agreed to make a “substantial donation” to the Manitou Springs High School prom fund as well as private and public apologies, Greenwood said. Still no reponse from Farmer and Rockey or their attorneys as of 5 p.m. Friday. — LB

Two parent chaperones accused spraying Lysol on dirty dancers at a Manitou Springs prom won’t be facing a jury after all.

Prosecutors on Friday dismissed all counts against Jennifer Farmer and Hannah Rockey – letting the air out of an episode that drew condemnation from parents and attracted notice from the New York Daily News, thesmokinggun.com and other national outlets that leaped to put a comical spin on the tale.

Rockey and Farmer, both 42, were due to face jury trials soon on misdemeanor charges of harassment and using profane language.

The basis for the dismissals wasn’t immediately clear.

The prosecutor assigned to the case declined to comment. Telephone messages weren’t immediately returned by Farmer’s attorney, David Webster, or Rockey’s attorney, Josh McDowell. Both were in court on other cases, their offices said.

Rockey and Farmer were cited after a parent, Cory Archuleta, reported the teachers sprayed disinfectant and derided female students as “sluts and whores” because of concerns over dirty dancing at the Manitou Springs High School prom, held April 21 at the Manitou Springs City Hall.

Eight students were hit by the Lysol, which “got on their clothing, mouth and eyes,” Manitou Springs police said in a police report posted to the smokinggun.com.

According to the police report, both teachers admitted to a school official they had sprayed the substance.

Farmer, however, denied the allegations in a May interview with KRDO, the news station reported. She is reportedly a former Manitou Springs school board member

District Attorney’s Office spokeswoman Lee Richards couldn’t immediately provide additional details about the case.

Clashing views of Calhan woman in alleged ‘Birthday sex’ killing

August 1st, 2012, 4:15 pm by

Is Traci Lynn Adams an abuse victim who “toed the line” — or is she “Ms. Innocent,” a schemer who plotted murder and lied to hide the truth?

Traci Lynn Adams, 48, of Calhan

An El Paso County jury began weighing those clashing views of Adams, 48, on Wednesday morning as her first-degree murder trial drew to a close in 4th Judicial District Court.

Adams has pleaded not guilty to first-degree murder, aggravated robbery and tampering with evidence in the alleged love-triangle slaying of Robert Miles, a Calhan man prosecutors say was blasted with a 12-gauge shotgun on Oct. 22 after being lured to Adams’ home east of Colorado Springs by her promises of “birthday sex” and a candlelight dinner.

The case went to the eight-woman, four-man jury about 10 a.m., after roughly a week of testimony.

If convicted of murder, she faces an automatic life sentence without parole.

Adams’ then-boyfriend, Mark Manyik, will be tried for murder and aggravated robbery charges in September. A trial in June was cut short because the Waldo Canyon fire threatened a judge’s home.

Although Manyik is accused of pulling the trigger, prosecutors say it was Adams who baited the trap – promising ex-boyfriend Miles a birthday surprise at a time when she said Manyik would be out of town on a hunting trip.

Instead, prosecutors say, Manyik was waiting at the front door – and shot the unarmed Miles in the gut before reporting the shooting as a break-in. Authorities say both Adams and Manyik refused a 911 operator’s pleas to provide the dying man aid and instead stole his phone in hopes it would destroy evidence that Miles had in fact been invited.

Phone records, however, contradicted Adams’ claim she hadn’t been in recent contact with Miles, prosecutors said — showing she made 16 phone calls in the lead-up to the shooting.

Surveillance footage from the Pop a Top Saloon in Calhan also proved she met with Miles a day before the killing – the same day she reported footprints left outside the home she shared with Manyik and reported Miles as the likely prowler, laying the groundwork for a self-defense claim.

Under questioning by El Paso County sheriff’s detectives, Adams admitted she knew what was coming for Miles – telling a detective that Manyik told her to “get his ass over here so we can blow his ass away,” prosecutor Andrew Vaughan told the jury during closing statements.

“Traci Adams was guilty of murder the second she made that phone call,” he said.

According to her defense attorneys, Adams had no advance knowledge Miles would be killed, having dismissed Manyik’s talk of murder as “idle threats” made in the heat of the moment.

When the deed was done, she had no choice but to go along and recite his version of events, public defender Dawn Williams said.

“She was terrified, she was torn, and she toed the line,” Williams said, before detailing Adams’ reported history of being abused by men.

The defense argued that Manyik grew jealous and wanted to safeguard his “property” because of suspicions that Adams and Miles rekindled their relationship even while sharing his home.

Calling Adams “Ms. Innocent,” prosecutor Jim Bentley sought to poke holes in the defense’s arguments during his rebuttal, noting that Adams initially stood by her story that Manyik was defending himself.

“She’s at a police station,” Bentley said. “All she has to do is say: ‘This is what really happened.’”

Williams argued that authorities gave little consideration to how Adams’ history of abuse affected her psychological state.

Deputy sues Calhan farmer over attack

July 26th, 2012, 9:27 am by

An El Paso County sheriff’s deputy is suing the man who attacked him on a Calhan driveway last year, citing ongoing mental stress and physical suffering stemming from a violent struggle.

Deputy Jeffrey Schulz filed a lawsuit in June, three months after David “Dean” Goss was sentenced to serve four years in prison.

An El Paso County jury convicted Goss, 55, on six of seven counts at his March trial. He was accused of knocking Schulz to the ground on June 16, 2011 and beating him with the deputy’s handheld radio.

The fight reportedly ended when Schulz’s gun discharged and hit Goss in the abdomen. Goss later recovered from his wounds.

Schulz, a 12-year veteran, testified at trial that Goss grew belligerent and lunged at him when the deputy responded to his property after a woman called 911 and reported that Goss behaved aggressively toward her and her friends when they inadvertently trespassed on his land while searching for a competing sod farm.

Attorneys for Goss tried to persuade the jury that Schulz concocted details of the fight to conceal an unnecessary use of force.

The lawsuit, filed by the Gasper Law Group of Colorado Springs, says Schulz suffered “disability and physical impairment” and requires ongoing care for injuries to his head, neck and back.

The suit also cites “mental anguish,” embarrassment and loss of income.

Prosecutor: Deputy’s mistakes irrelevant to whether woman fled

July 20th, 2012, 10:50 am by

Among the legal issues left unresolved as Brittney Angel heads to trial next month: The extent to which her attorneys may dwell on mistakes by El Paso County sheriff’s deputies in trying to halt her escape.

Photo supplied by Colorado Springs police.

Angel, 21, was the passenger in a Hyundai sedan that fled sheriff’s deputies at the Chief Motel in central Colorado Springs.

The driver, 27-year-old Christen Vargas, ran over a deputy’s foot in the process, prompting him to fire at the fleeing vehicle.

The bullet wounded Vargas in the torso, and Angel took over driving from the passenger seat and managed to escape, authorities say. Vargas was found dead inside the Hyundai three hours later. The car was abandoned outside the Memorial Hospital emergency room.

An internal review by the sheriff’s office later concluded the deputy, Marcus Miller, shouldn’t have drawn his weapon and wasn’t aware of his surroundings when he fired – leading to a 20-hour suspension without pay.

The sheriff’s office also found fault with two other deputies involved, according to documents obtained by The Gazette.

Whether that information is allowed at trial, however, remains to be seen.

Prosecutors say the mistakes are irrelevant to whether Angel is guilty of eluding police, and they want a judge to bar the defense from calling more than a half-dozen sheriff’s officials involved in reviewing the shooting.

Public defender Cindy Jones said in court that some of the officials have information that can undermine the deputies’ credibility.

During a pre-trial hearing Friday, 4th Judicial District Judge David A. Gilbert said he needed more information before issuing a ruling, and asked attorneys to prepare arguments for the morning of trial, which is set for Aug. 6.

Gilbert said he will consider whether Angel’s defense can establish that the deputies’ conduct and that of Angel were somehow related, among other factors.

Angel is charged with felony eluding, tampering with evidence, concealing a death and reckless driving.

The issue of what qualifies as admissible in court led to legal battles in two recent high-profile cases in Colorado Springs.

Last week, an abortion protester charged with trespassing at Planned Parenthood in Colorado Springs complained that he was hamstrung at trial by a judge’s order barring him from raising his religious beliefs as a defense. Martone, who said he felt “called by God” to trespass, was convicted by a jury and fined $400.

In the case of Bob Crouse, a cancer patient accused of cultivating marijuana, prosecutors tried to get a judge to toss out defense arguments that Crouse grew marijuana to treat his disease, but the court sided with Crouse.

A jury acquitted Crouse on all counts earlier this month.