OVERVIEW of the DISTRICT ATTORNEY S OFFICE 14 th Judicial District July 2018 1
MISSION We support community safety through fair and ethical prosecution of criminal offenders. CORE PRINCIPLES Service -- Treating all with dignity and respect Excellence Strive for the highest level of professionalism and effectiveness in all that we do 2
STAFFING CHANGES Team Members 20 total (18.2 FTE +.6 FTE Routt only) 9 Attorneys Moved 1 senior attorney from Grand to Moffat Additional Prosecution Fellow starts Fall 2018 will be assigned to Grand (state-funded so not counted in FTEs) 1 Investigator NO CHANGE 10 Administrative Team Members (includes 3 part-time, one is a single-county funded parttime position) Promoted a team member to a supervisory admin position to float to all 3 offices Eliminated 1 Full-Time Admin in Routt Moved a part-time position in Moffat to full time but splitting time between Moffat and Routt 3
STAFFING -- 2018 Moffat County (10 total) 4 Attorneys 5 Admin Team (1 FT split time between Moffat/Routt; 2 supervisors) 1 Investigator Routt County (7 total) 4 Attorneys, 3 Admin Team (2 part-time with 6FTE Routt funded only) Grand County (3 total) 1 Attorney 2 Admin Team (1 PT) Additional Prosecution Fellow starting Fall 2018 (state-funded so not counted in total staffing) 4
2017/18 Budget Anticipated unspent 2017 money to be returned in 2018 Moffat $29,000 Routt $59,000 Grand $35,000 *Subject to completion of annual audit Budgeting for vehicles Added a capital outlay line item for vehicle replacement in 2018 to operating costs for each county (total $30,000) Appears in 2019 operating costs Otherwise operating costs unchanged 5
2019 BUDGET Proposed 3% Salary Increase Requesting 3% salary increase for all employees except the DA Last raise was 2016 Essential for long-term stability of office to stay competitive, especially for attorneys. Total salary increase is $27,414 plus FICA, $2096 = $29,510 Moffat: $6853.50 + FICA $524 = $7377.50 Routt: $12,884.58 + FICA $985 = $13,869.58 Grand: $7675.92 + FICA $587 = $8262,92 Alternative: Allow carry-over of some unspent funds from personnel budget to next FY? Explore legality, limits, flexibility 6
2018/2019 BUDGET 18 Pers 19 Pers 1 18 Op 19 Op 2 18 Total 19 Total Moffat (25%) $390,124 $397,502 $59,100 $59,100 $449,224 $456,602 Routt (47%) Grand (28%) 733,432 747,302 64,700 64,700 798,132 812,002 436,938 445,201 61,200 $61,200 498,138 506,401 Total $1,560,494 $1,590,005 $185,000 $185,000 $1,745,494 $1,775,005 NOTE 1: Adds 3% salary increase NOTE 2: In 2018 we added a capital outlay line item to operating costs to begin replacing vehicles on a regular cycle. 7
TECHNOLOGY UPDATE Info. Tech. Needs E-Discovery. As of 5/1/17, no longer collecting revenue for discovery Still insufficient bandwidth to deliver E- discovery 5 agencies using Evidence.com as web platform for storage and dissemination of video IT support solution for E-discovery. Not resolved IT hardware solution for E-discovery. Waiting until bandwidth issue is resolved 8
2018 ACCOMPLISHMENTS Major Convictions Miguel Diaz-Martinez (Routt) -- sentenced to 50 years prison for sex trafficking (February 2018). Johnnie Ellifritz (Moffat) -- jury convicted of 3 counts of sexual assault on a child in February 2018. Sentenced to 13 years to life in prison (June 2018). Rachel Niemeyer (Moffat) -- jury convicted of 2d degree murder in May 2018, sentencing on July 31, 2018. 9
2018 ACCOMPLISHMENTS Major Convictions Feliz Cervantez (Grand) pleaded guilty to vehicular homicide and vehicular assault, sentencing July 19, 2018. Melvin Newton (Moffat & Routt) -- in Moffat, pleaded guilty to distribution of drugs and possession of a weapon by a previous offender, sentenced to 22 years in prison. In Routt, pleaded guilty to possession with intent to distribute drugs, sentenced to 16 years in prison concurrent with Moffat case. 10
2018 ACCOMPLISHMENTS Major Convictions Tanner Sholes (Moffat & Routt) -- Numerous cases. In Moffat, pleaded guilty to felony eluding and possession of a weapon by a previous offender, sentenced to 5 years in prison. 11
2018 ACCOMPLISHMENTS Grand Jury 2018-19 Grand Jury empaneled, started hearing cases in June. Critical Incident Team No critical incident call outs in 2018 (so far). 12
NOTABLE CASES (Grand) Jerrold Orban Retaliation against Judge Hoak, found incompetent, remanded to State Hospital. Pending. Brandon Wilson Pleaded guilty to vehicular assault, DUI and careless driving causing death. Sentencing on September 6, 2018. Derek Dulac Pleaded guilty to attempted sexual assault (DJS) and two counts of third degree assault. Sentenced to 4 years intensive sex offender probation, 8 years of probation on the two third assault charges, register as a sex offender. 13
NOTABLE CASES (Grand) Neil Patel Pleaded guilty to 2d degree burglary with a 4 year DJS, also pleaded guilty to marijuana distribution (misd.) with 2 years of probation. Dirk Murray Pleaded guilty to felony DUI, possession of a weapon by previous offender, and 3 wildlife offenses. Sentenced to 2 years in prison. Amanda Stradley Charged with felony forgery, misdemeanor official misconduct and theft. Pending. Next hearing July 17, 2018. 14
NOTABLE CASES (Moffat) Justin Folley -- Sexual Exploitation of a Child. Was a teacher. Jury trial scheduled for August. James Vaughan/Kaylee Carson Child abuse with SBI. Vaughan set for jury trial in June, Carson in September. Joshua Flaharty Pleaded guilty to 2d degree assault and received 9 years in prison; PG to solicitation of 1 st degree perjury and received 3 years prison. 15
NOTABLE CASES (Moffat) Home Invasion/Burglary/False Imprisonment/Armed Assault Danae Hicks Pleaded guilty 2d degree assault, received a 42 month sentence to Community Corrections (CAPS). Failed at CAPS and was remanded to prison. Ezequiel Chavez -- Pleaded guilty to burglary and 3 rd degree assault, pending sentencing July 23, 2018. Nate Williams, the ringleader, pending jury trial in January 2019. Dominic Colangelo, pending arraignment in district court on July 17. 16
NOTABLE CASES (Moffat) James Madsen Pleaded guilty to attempted sexual assault on a child and unlawful sexual contact. Sentencing on July 23, he will receive between 4-8 years in prison and intensive sex offender probation after he gets out. Thomas Payne Charged with possession with intent to distribute drugs (arrested with 2.3 kilos of Meth), Habitual Offender, mandatory 64 year prison sentence if convicted. 17
NOTABLE CASES (Routt) Michael McGrath Grand jury indicted for child abuse causing SBI. Jury trial set for August. Noah Block ran over girlfriend with car 2x. Jury trial set for September. Dustin Dike picked up new burglary and domestic violence cases while on furlough from prior sentences. Pending. Quinn Falzon Pleaded guilty to felony theft. Sentenced to 7 years of probation. 18
NOTABLE CASES (Routt) Ryan Ydo Pleaded guilty to 2d degree assault and 3d degree assault. Sentenced to 2 years of county jail and 6 years of probation. Derek Kettle, John Henderson, Hailey Allen Arrested on June 21 with over ½ pound of meth and over an ounce of heroin. Pending. 19
CASE LOAD 16 Felony 17 Felony 18 16 Misd 17 Misd 18 16 Felony 1 Misd 1 Traffic 17 Traffic 18 16 Juv 17 Juv 18 Traffic 1 Juv 1 Moffat 282 2 trials 318 134 4 trials 2 2 trials 368 6 trials 311 1 trial 104 2 trials 420 430 3 trials 148 1 trial 41 0 trials 29 0 trials 4 0 trials Routt 121 2 trials 176 1 trial 75 1 trial 419 8 trials 501 4 trials 207 3 trials 660 791 7 trials 3 255 4 trials 23 0 trials 21 0 trials 4 0 trials Grand ** 81 1 trial 118 0 trials 51 0 trials 266 3 trials 290 1 trial 102 0 trials 497 489 1 trial 360 1 trial 3 0 trials 5 0 trials 2 0 trials TOTAL 484 5 trials 612 5 trials* 260 3 trials 1053 17 trials 1102 6 trials 413 5 trials 1577 1710 763 trials 4 11 trials 4 6 trials 67 0 trials 55 0 trials 10 0 trials Note 1 2018 stats as of June 4, 2018 Note 2 -- 1 FTA morning of trial Note 3 -- 2 FTAs morning of trial Note 4 -- 2016 Traffic and misdemeanor trials combined under Misdemeanors. 20
Felony Cases 2014-17 700 600 500 400 300 200 100 0 Moffat Routt Grand Total 2014 2015 2016 2017 21
FELONY TRENDS Significant upward trend in felony cases 2014-17 Overall 60%, 2016-17 Drug cases 56% 2016-17 Misc. 120% Moffat 78% Routt 55% Grand 30% Is greater than the state-wide average increase in felony filings 2014-17 -- 36% 22
Misdemeanor Cases 2014-17 1200 1000 800 600 400 200 0 Moffat Routt Grand Total 2014 2015 2016 2017 23
Traffic Cases 2014-17 1800 1600 1400 1200 1000 800 600 400 200 0 Moffat Routt Grand Total 2014 2015 2016 2017 24
Juvenile Cases 2014-17 70 60 50 40 30 20 10 0 Moffat Routt Grand Total 2014 2015 2016 2017 25
2018 Grand Felonies (YTD) by Type Misc, 16, 31% Drugs, 18, 35% Property, 9, 18% Sex Asslt, 0, 0% Violence, 8, 16% Drugs Violence Sex Asslt Property Misc 26
GRAND FELONIES BY TYPE 2016 Grand Felonies Drugs, 3, 4% 2017 Grand Felonies Misc, 31, 42% Violence, 24, 33% Misc, 42, 36% Drugs, 35, 30% Property, 15, 20% Sexual Assault, 1, 1% Drugs Violence Sexual Assault Property Misc Property, 23, 19% Violence, 15, 13% Sex Asslt, 3, 2% Drugs Violence Sex Asslt Property Misc 27
Grand Felonies By Type 2016-18 (YTD) 50 40 30 20 10 0 2016 2017 2018 (YTD) 2018 (YTD) 2016 28
2018 Moffat Felonies (YTD) by Type Misc, 41, 31% Drugs, 45, 34% Property, 35, 26% Sex Asslt, 2, 1% Drugs Violence Sex Asslt Property Misc Violence, 11, 8% 29
MOFFAT FELONIES BY TYPE 2016 Moffat Felonies 2017 Moffat Felonies Misc, 75, 27% Drugs, 115, 41% Misc, 112, 35% Drugs, 147, 46% Property, 41, 14% Sexual Assault, 5, 2% Violence, 46, 16% Drugs Violence Sexual Assault Property Misc Property, 32, 10% Sex Asslt, 3, 1% Violence, 24, 8% Drugs Violence Sex Asslt Property Misc 30
Moffat Felonies By Type 2016-18 (YTD) 160 140 120 100 80 60 40 20 0 2016 2017 2018 (YTD) 2018 (YTD) 2016 31
2018 Routt Felonies (YTD) by Type Drugs, 13, 17% Misc, 28, 37% Violence, 17, 23% Property, 15, 20% Sex Asslt, 2, 3% Drugs Violence Sex Asslt Property Misc 32
ROUTT FELONIES BY TYPE 2016 Routt Felonies 2017 Routt Felonies Misc, 31, 26% Drugs, 31, 25% Misc, 48, 27% Drugs, 50, 28% Property, 30, 25% Violence, 24, 20% Sexual Assault, 5, 4% Drugs Violence Sexual Assault Property Misc Property, 44, 25% Sex Asslt, 3, 2% Violence, 31, 18% Drugs Violence Sex Asslt Property Misc 33
Routt Felonies By Type 2016-18 (YTD) 50 40 30 20 10 0 2016 2017 2018 (YTD) 2018 (YTD) 2016 34
350 District-Wide Felonies By Type 2016-18 (YTD) 300 250 200 150 100 50 0 2016 2017 2018 (YTD) 2018 (YTD) 2016 35
MISCELLANEOUS In 2021, raise salary for DA Unchanged since 2009 Make competitive with similar positions (District Judges, County Attorneys, Regional Public Defender) 36
QUESTIONS? 37
SERVING MOFFAT, ROUTT AND GRAND COUNTIES Moffat County Building 221 W. Victory Way #302 Craig, Colorado 970-824-7041 Routt County Justice Center 1955 Shield Drive Steamboat Springs, Colorado 970-870-5200 Grand County Justice Center 307 Moffat Ave Hot Sulphur Springs, Colorado 970-725-3371 38