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Scenes from the Sylvester sentencing

June 1st, 2010, 3:58 pm by

Deputy Public Defender Rose Roy

 

At the sentencing hearing today for Marc Sylvester, Deputy Public Defender Rose Roy cited her client’s military history (four years with the Navy) and his problems with methamphetamine in asking Judge Robert L. Lowrey for leniency.

“It’s clear that he’s in need of treatment,” she said.

She noted that Sylvester has a 14-year-old daughter.

“He (Sylvester) is devastated at the impact this is going to have on her,” Roy said.

She also noted the defense theory that investigators arrested the wrong person.

“The court knows our theory that Ms. (Elizabeth) Angel is responsible for killing Ms. (Jennifer) Warren and that Ms. Angel is the one who should have been charged,” Roy said.

Lowrey gave defense attorneys’ until July 1 to file their motion seeking a new trial based on Angel’s April 22 arrest. Prosecutors will then have until July 15 to respond.

Here’s what Deputy District Attorney Jack Roth had to say following the sentencing:

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Sylvester gets 48 years in “execution-style” slaying

June 1st, 2010, 2:12 pm by

Mark Thomas Sylvester during his trial. Photo by Mark Reis, The Gazette.

A judge this afternoon sentenced Marc Thomas Sylvester to 48 years in prison – the maximum – for the February 2009 second-degree murder of a 35-year-old Colorado Springs woman.

Prosecutors said Sylvester “executed” Jennifer C. Warren with a high powered rifle at close range as she begged for her life in a remote field in eastern El Paso County.

Sylvester’s public defenders requested a new trial. They argued that jurors should have known about allegations of drug dealing by a woman they contend had more motive to kill Warren.

Watch Gazette.com for the full story.

Jury finds Sylvester guilty of second-degree murder

April 22nd, 2010, 2:39 pm by

Marc Thomas Sylvester

A jury today found Marc Thomas Sylvester guilty of second-degree murder of a Colorado Springs woman who was shot  in the head with a high-powered rifle.

However, the  jurors acquitted Sylvester of all other charges, including first-degree murder, robbery and second-degree kidnapping.

The verdict was an emotional moment for some of the jurors, who asked for more time before they came into the courtroom to deliver their decision.

The jurors had been in their third day of deliberation in the trial, which started on March 31.

Sylvester was accused in the Feb. 9, 2009 murder of Jennifer C. Warren, 35, whose body was discovered in a wind-blown ditch in eastern El Paso County.

 She had been shot in the head at close range with a high-powered rifle in what prosecutors described as an execution-style killing.

Prosecutors showed jurors a videotaped confession in which Sylvester told a sheriff’s detective “I think it was me” and demonstrated how he held the rifle used to kill Warren.

Judge Robert Lowrey. Photos by Mark Reis, The Gazette

They also cited cell phone records that showed Sylvester’s phone was used in the area where the body was found, east of Schriever Air Force base near Book Drive and Milne Road.

But the public defenders representing Sylvester argued that it was a false confession obtained under duress from the 39-year-old former truck driver.

They argued that a woman named Elizabeth Angel had more motivation to kill Warren than their client. They claimed that Angel suspected her husband had an affair with Warren. They also claimed that Warren got Angel’s husband arrested by snitching on him.

Angel admitted she assaulted Warren in a motorcycle garage earlier that evening but insisted she had nothing to do with the murder.

Sylvester faces between 16 to 48 years in prison when Fourth Judicial District Judge Robert L. Lowrey sentences him on June 1.

Deputy Public Defender Rose Roy declined comment on the verdict until the sentencing.

Kathleen Walsh, a spokeswoman for the District Attorney’s office, said prosecutors thank the jury for what was “a difficult decision.”

“While he (Sylvester) is in prison, we hope he never has a chance to hurt another member of the community,” Walsh said.

Members of Warren’s family who attended nearly every day of the trial left the courtroom via a back entrance without comment.

No verdict yet in Sylvester murder trial

April 21st, 2010, 4:08 pm by

Marc Thomas Sylvester. Photo by Mark Reis, The Gazette

 

Jurors in the first-degree murder trial of Marc Thomas Sylvester have recessed without a verdict following their second day of deliberations.

The jury began deliberations on Friday, then recessed for four days before resuming this morning.

Sylvester is accused in the execution-style slaying of Jennifer C. Warren, who was found shot in the head with a high-powered rifle in a ditch in eastern El Paso County.

Deliberations will resume tomorrow. Stay with the Sidebar for news of the verdict.

Sylvester murder trial resumes

April 6th, 2010, 1:29 pm by

Marc Thomas Sylvester at his first-degree murder trial this morning. Photo by Mark Reis, The Gazette

Testimony has resumed this afternoon in the first-degree murder trial of Marc Thomas Sylvester.

This morning jurors watched a videotape that crime scene investigators took of the field where they found Jennifer C. Warren’s body on Feb. 9, 2009.

The camera pans across the windswept field along Book Drive in eastern El Paso County. There’s a farm house in the distance and mountains to the west. The wind is intense as it whips the yellow crime scene tape.

Warren’s body could be seen laying in a ditch between dirt road and a barb wire fence. She had been shot in the head. Her sandal-clad feet pointed toward the road.

This afternoon,  a witness  is identifying a hunting rifle that he lent to Sylvester in December 2008.

Live from the Sylvester murder trial

April 6th, 2010, 8:12 am by

Jennifer C. Warren

Good morning court watchers,

This is John Ensslin, legal affairs reporter for the Gazette.

This morning, I’ll be live blogging from the first-degree murder trial of Marc Thomas Sylvester.

So far today’s testimony is centered on the crime scene investigation of a field in eastern El Paso County east of Schreiver Air Force Base.

That’s where authorities found the body of Jennifer C. Warren on Feb. 9, 2009.

Pete Quick, a technician with the Metro Crime Lab, and former homicide detective, is the first witness today.

He’s describing some of the challenges investigators faced at the scene, particularly from the weather.

“It was very difficult,” Quick said. “It was very windy.”

“We couldn’t use the crime scene placards that you see on television,” he added. “The wind was so powerful that it would just blow away our placards.”

Later in the investigation when the wind died down, they were able to return to the scene and used placards to document it.

Quick described how metal detectors were used to search for the bullet that killed Warren.

Previous testimony indicated the shot was fired from a high-powered rifle.

Warren died of a gunshot to the head.

 Investigators found a couple of gold hoop style earrings that appeared to belong to the victim, Quick said.

But they were never able to recover the bullet. At the time, they had no way to know the angle of how the rifle was pointed when fired. Besides the metal detectors, investigators also dug holes and sifted through the dirt, to no avail.

Prosecutor Jack Roth, left, uses a pointer to question crime scene technician Peter Quick about bullet trajectories this morning during the first-degree murder trial of Marc Thomas Sylvester. Photo by Mark Reis, The Gazette.

“You could use the needle in a haystack analogy because that’s similar to what it would be,” Quick he said. “The projectile could have gone anywhere in that field within several hundred yards.”

Quick also described a search that investigators conducted five days later in a motorcycle repair shop called the Chop Shop in the 2300 block of East Platte Avenue of Colorado Springs. He showed photos of several blood spots found on the floor of the garage.

According to previous testimony, the shop was the scene of an assault on Warren prior to her murder.

Under cross examination by Deputy Public Defender Cindy Hyatt, quick also described strands of blood-stained hair found on the floor of the garage as well as six 9mm bullets that were recovered from elsewhere in the shop.

I’ll be taking a break here and resuming this blog later today.

Sylvester murder trial continues

April 2nd, 2010, 7:50 am by

Zeb Pike, court watcher

Good morning court watchers. This is John Ensslin, legal affairs reporter for the Gazette.

Today I’ll be live blogging from Division 12 where the first-degree murder trial of Marc Thomas Sylvester enters its fifth day.

The jury is about two-thirds of the way through watching a three-hour videotape of an interrogation of Sylvester on Feb. 11, 2009.

That’s two days after authorities recovered the body of Jennifer C. Warren, a 35-year-old Colorado Springs woman who was found shot to death in a field east of Schreiver Air Force Base in eastern El Paso County.

Later today, the jury also is expected to hear testimony from Dr. Sunil Prasher, a forensic pathologist who worked on the autopsy for the El Paso County Coroner’s office. Prasher is flying in from Washington, D.C. to testify.

Right now we’re coming to the crucial part of the video.

The tape shows El Paso Sheriff’s Detective Cliff Porter talking to a sobbing Sylvester. Occasionally, Porter reaches over to touch Sylvester’s shoulder sympathetically as the detective tries to coax out the details of how Warren died.

“I think it was me,” Sylvester sobs. Then moments later he gestures with his arms to show how he held the rifle that killed Warren.

On the tape, Sylvester sits with his face buried in his hands. There are periods when neither man says anything.

“You seem almost relieved,” Porter tells Sylvester. “Your sad. I get that.”

In the courtroom, Porter sits in the witness stand watching the video on a screen behind him. Sylvester sits at the defense table, reading documents.

The tape ends.

Dr. Prasher has arrived and is now testifying. He’s the former associate coroner of El Paso County.

Prasher conducted the autopsy on Warren on Feb. 10, 2009, the day after her body was discovered.

Prasher said Warren had a large gunshot wound to the center of her forehead.

The injury was consistent with a bullet from a high velocity rifle wound, he said. Death would have been immediate, he added.

I’m going to end this live blog here. Watch for a complete story later today on Gazette.com.

Jury watches Sylvester interrogation video

April 1st, 2010, 12:51 pm by

Marc Thomas Sylvester

Jurors in the first-degree murder trial of Marc Thomas Sylvester have been watching a video in which a man and his story crumble before their eyes.

On Thursday, the jurors watched about two-thirds of a three-hour interrogation of Sylvester by El Paso County Sheriff’s investigator Cliff Porter on Feb. 11, 2009.

That’s two days after a young girl on a school first spotted the body of Rebecca C. Warren in a field east of Schreiver Air Force Base in eastern El Paso County.

 Warren, 35, of Colorado Springs had been shot in the head a close range with a high powered rifle in what one prosecutor described as an execution.

On the tape, Sylvester initially tells the detective he blacked out that night while riding east on a dirt road between Warren and a mysterious man he could only identify as “Issac”

About mid-way through the tape, Porter pulls his chair up directly across from Sylvester, leans forward almost knee to knee and asks the suspect to “picture yourself staring into the darkness,” asking him to relate any flashback of what he sees right before Warren was shot.

Sylvester, a 38-year-old former trucker, slaps the palm of his hand twice against his forehead.

“I don’t know. I can’t see her getting out of the truck.”

The video is a significant piece of evidence in the trial. Prosecutors contend it will show that Sylvester admitted killing Warren because she was a snitch.  Sylvester’s public defenders contend the tape shows their client was a broken man at the end of the interrogation and gave the detective a false confession.

On the tape, Sylvester recalls that Warren denying that she snitched on anyone

But Sylvester seems to question his own recall of that night.

“Why would that guy be driving my truck and why would I be sitting in the middle?” he asked Porter. “I was really drunk.”

 ”There’s a lot of stuff that doesn’t make sense,” Sylvester added.

He described reaching in the car side door for his wallet and pulling out a Taser.

Sylvester said at some point he blacked out. The next thing he remembers is waking at a friend’s house.

Porter then asks, “I know a big chunk of this is missing for you…but do you believe that he (the other man) forced you to shoot her…to force you into their group?”

“I don’t know,” Sylvester replies. “Cause I know I’d never do something like that.”

“I was just messed up. I was drunk,” he adds. “I hadn’t been messed up like that in a while.”

Porter suggests that perhaps Sylvester’s blackout is psycho-somatic – that he was unable to remember something because it was too painful.

“I don’t know how to help you get through that wall,” Porter said.

“Just because of the emotional response you’ve had, I’m concerned he forced you to do it,” the detective added.

“I’m just so confused right now,” Sylvester replies. “I don’t know whether I’m coming or going.”

Jurors will view the remaining portion of the tape when the trial resumes on Friday morning.

Live from the Sylvester murder trial

March 31st, 2010, 2:26 pm by

Jennifer C. Warren

Hi, this is John Ensslin of the Gazette.

I’m live blogging this afternoon from the first-degree murder trial of Marc Thomas Sylvester.

Sylvester. 38, is accused of killing Jennifer Warren of Colorado Springs with a high-powered rifle in eastern El Paso County.

Today is the first day of testimony in the trial.

El Paso County Sheriff’s Investigator Mitchell Cooper is describing the scene where he encountered Warren’s body in a field east of Schreiver Air Force Base on Feb. 9, 2009.

Cooper said it was clear from the outset that he was investigating a homicide.

“It was very obvious…the condition of the body,” he said.

A girl on a passing school bus was the first to notice the body, Cooper said. The student called her parents who in turned alerted authorities.

Cooper did the initial crime scene investigation. He took some 565 photographs, some of which are being shown to the jurors. There are some fairly graphic photographs of the victim lying on her back with a gun shot wound to the head.

One of the photos showed a “Strawberry Shortcake” tattoo on her foot, which ultimately helped investigators identify Warren.

Cooper was the last prosecution witness for the day. The trial has been recessed until 1:30 p.m. today. I’ll resume this blog at that time.

Sylvester murder trial underway

March 31st, 2010, 12:17 pm by
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Here’s a link to my most recent story about this trial:

http://www.gazette.com/articles/sylvester-55865-warren-porter.html