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ALL PAST EVENTS AS OF 1/12/2021

 


NEW INFORMATION updated 11/4/2020

Devon Erikson case 19CR451 – Today we addressed in some form the roughly 20 outstanding motions on this case. The Court took testimony from 3 witnesses related to a motion to suppress Mr. Erickson’s statements, and heard argument or ordered responses on the other issues. The Court did not issue rulings today – she will issue written orders on most issues in the coming weeks.

We also set trial dates. The trial is currently scheduled to begin February 1st and is scheduled to last 5 weeks (roughly 2 weeks of jury selection and 3 weeks of trial). However, once jury selection is done, we’ll proceed into the trial, so we cannot predict with accuracy what day will be opening statements. We’ll keep you posted during jury selection so you can plan to attend if you wish. We are also scheduled for a hearing on January 15, 2021 at 2pm for a Pre-Trial Readiness Conference. At this hearing, we expect to discuss procedures for the case moving forward and address any special procedures we will need in place due to COVID-19.


 

NEW INFORMATION updated 11/2/2020

Devon Erikson case 19CR451– Motions Hearing November 4th at 9:00 A.M. will be open to the public via WebeX. The court has created a special link for this hearing. Please use the link below on November 4th, 2020.

Event address for attendees: https://judicial.webex.com/judicial/onstage/g.php?MTID=edefa90130481828cf59c218b82cb1841

 

NEW INFORMATION updated 9/29/2020

A motions hearing for the Devon Erickson case 19CR451 has been set for November 4th, 2020 at 9:00 A.M.  The hearing will be able to view on WebEx.  Viewers can down load a free WebEx app or log in from any browsers.  A phone in option is also available.  Please make sure devices are on mute when you phone or log in.  Below is the link to the virtual court room.  Please contact Jenni Schaffer 720-733-4540 with any questions.

  • https://judicial.webex.com/meet/theresa.slade
  • You will be prompted to enter code  923-417-896
  • Enter your name and email address if you want the court to know who you are. If you want to remain anonymous you can enter observe.  You will then be in the virtual courtroom.
  • Select your audio setting.   If the audio on your computer or tablet does not work, please use the alternate audio option of calling in to the number below.

If you do not have a device that will support a video connection, you may still participate by audio only by calling 720-650-7664.  When prompted enter code 923 417 896.

 

NEW INFORMATION updated 8/14/2020

Devon Erickson 2019CR451 Events

  • Motions hearing August 17th, 2020 has been continued.   No new dates set yet.
  • Trial set for September 28th– October 16th 2020 has also been continued.  No new dates set yet.

 

NEW INFORMATION updated 7/27/2020

People vs Maya “Alec” McKinney 2019CR467 sentence.

Judge Holmes imposed the sentence on McKinney on Friday, July 24th. While several counts were ordered to run concurrent, other were sentenced to run consecutively. The controlling sentence is the sentence to life (with the possibility of parole after 40 years) for the First Degree Murder of Kendrick Castillo. The Court also imposed 16 years consecutive for counts where the defendant shot another student who survived, 16 years consecutive for counts related to victims inside classroom 107 who were not wounded but were victims of Attempted Extreme Indifference Murder, and 6 years consecutive for the 2 students who were wounded by shots fired by the responding security guard. All other sentences imposed will run concurrent. The net effect of this sentence is a sentence to life in prison plus 38 additional years.

It is important to remember that regardless of the length of sentence imposed, McKinney will be eligible to apply for participation in the 3-year “specialized program” after serving 25 years of the sentence. This is a program designed for juveniles who are convicted of murder as adults. McKinney’s admission to the program will be at the discretion of the Department of Corrections. If McKinney successfully completes the program, the defendant will be presumed eligible for parole at that time.


 

NEW INFORMATION updated 7/21/2020

A virtual sentencing hearing for the McKinney case 19CR567 will be provided to the community on July, 24th 2020 at 9:30 a.m. The Please use the following link to attend this hearing.

https://judicial.webex.com/judicial/onstage/g.php?MTID=e6cda6462614ee488292d4e4e82f37857

We recommend that you download the free WebEx app before joining the hearing, but you can also join the hearing from a web browser with more limited functionality. If this is your first time using WebEx, you can find helpful information at this link.

If you have any questions please call email [email protected] or call Jenni Schaffer at 720-733-4540.


 

NEW INFORMATION updated 7/16/2020

Sentencing for McKinney 19CR467 July 24th, 2020 9:30 a.m.

Due to Covid19 and social distancing the court will be conducting a virtual sentencing on Webex with limited seats for some of the direct victims. All community members are welcome to watch the sentencing virtually.

The Court will use Cisco WebEx Meetings to allow for audiovisual and/or audio participation. Participants may use any computer, tablet, or smart phone equipped with a camera and microphone for audiovisual participation.

Joining a Meeting: The virtual courtroom will be open to the public during all WebEx hearings unless otherwise ordered by the Court. Due to the number of expected participants, this will not occur in the virtual courtroom normally used by the judge. Instead, a special link will be distributed no later than Thursday, July 23rd. This information will also be publicly available on the court’s website.

• Audio and/or video recording of any portion of a WebEx hearing is strictly prohibited. Violation of this prohibition may result in the imposition of sanctions including contempt of court.

• WebEx hearings are still court proceedings and all participants shall follow ordinary standards of decorum. Participants should ensure they are appropriately dressed, that their surroundings are quiet and well lit, that their electronic devices are functioning correctly, that they have an adequate internet connection, and that distractions in home environments are minimized.

• It is very important that only one person speak at a time and that parties wait their turn to be called upon to speak.

• Parties must speak loudly and clearly. All parties must speak into a microphone or close to the phone.

• Microphones should be muted unless you are speaking.

Instructions on how to connect to WebEx will be posted at a later date

If you have any questions please email [email protected] or call Jenni Schaffer at 720-433-4540.


 

NEW INFORMATION updated 5/14/2020

Maya (Alec) Elizabeth Mckinney 19CR467 sentencing has been re-set for July 24th, 2020 9:30 A.M.  The hearing may last all day.   Information about registration and attending the hearing will be updated at a later date.


NEW INFORMATION updated 5/7/2020

On this somber anniversary, we want you to know that we are thinking about you. We have received many victim impact statements and we are reading each one. Thank you for sharing so many of your experiences and feelings and thoughts about what happened on May 7, 2019, and its impact on your life. It is not too late to submit a victim impact statement. If you wish to submit one, there is still time to send one in. There is no special form that you have to fill out, though we have forms if you would like to use a form.

The sentencing scheduled on McKinney’s case for May 18, 2020, is going to be continued. Due to the COVID-19 public health crisis and current judicial orders, we are not able to have more than 10 persons physically present in the courtroom (that number includes the judge and attorneys and defendant) at any one time. The public health crisis has caused this unanticipated delay and we are trying to find a new date, hoping that restrictions will ease such that anyone who wishes to be present in person can be present in person.

We do not yet have a new date set for McKinney’s sentencing.

Please let us know if there is anything we can do for you. We keep you in our hearts and our thoughts and we are here to help in any way we can.


 

NEW INFORMATION updated 4/16/2020

Maya “Alec” McKinney 19CR467
Upcoming hearing – Sentencing Hearing is set for May 18, 2020, at 9:00 a.m. – The hearing may last all day.
We would like to encourage anyone who would like to submit a Victim Impact Statement for this hearing to submit one. Below is information on a Victim Impact Statement and how to submit it for the Sentencing Hearing: The Victim Impact Statement is submitted to the judge prior to the time of the defendant’s sentencing. It is also provided to the person who prepares the defendant’s Presentence Investigation Report, and remains attached to the defendant’s records throughout their sentence. This is your chance to put in writing how this crime has affected you or your family members physically, emotionally, as well as any other changes in your life you may have experienced. Please see below in FAQs section added information explaining the Victim Impact Statement

Devon Erikson 19CR451
ALL OF DEVON ERICKSON’S HEARING DATES HAVE CHANGED DUE TO COVID-19.

Upcoming hearings – Currently the Motions Hearing is set for August 17th at 9:00 a.m. – If this hearing goes as scheduled, it could last all day.  A Motions Hearing is a request for a legal ruling by a judge on a particular issue. There are many types of motions that may be presented to the judge by the prosecuting attorney or defense attorney. The court may restrict witnesses from being present in the courtroom. Registration will be open at a later date.

Currently Trial is set September 28th through October 16th, with Jury Selection beginning on September 21st. There will be further information for Trial as we get closer. Registration for Trial will be open at a later date.

 


NEW INFORMATION updated 3/3/2020

Please see below in FAQs section added information explaining the Victim Impact Statement

Maya “Alec” McKinney 19CR467
Upcoming hearing – Sentencing Hearing is set for May 18, 2020, at 9:00 a.m. – The hearing may last all day.
We would like to encourage anyone who would like to submit a Victim Impact Statement for this hearing to submit one. Below is information on a Victim Impact Statement and how to submit it for the Sentencing Hearing:
The Victim Impact Statement is submitted to the judge prior to the time of the defendant’s sentencing. It is also provided to the person who prepares the defendant’s Presentence Investigation Report, and remains attached to the defendant’s records throughout their sentence. This is your chance to put in writing how this crime has affected you or your family members physically, emotionally, as well as any other changes in your life you may have experienced.
Registration for this hearing will be open at a later date. You do not need to attend to submit a letter.

Devon Erikson 19CR451
Upcoming hearings – Currently the Motions Hearing is set for April 14th at 9:00 a.m. – If this hearing goes as scheduled, it could last all day.

A Motions Hearing is a request for a legal ruling by a judge on a particular issue. There are many types of motions that may be presented to the judge by the prosecuting attorney or defense attorney. The court may restrict witnesses from being present in the courtroom. Registration will be open at a later date.

Currently Trial is set May 26th through June 15th. There will be further information for Trial as we get closer. There is a possibility that Trial may be continued. We will update the website if there are any changes. Registration for Trial will be open at a later date.

 


NEW INFORMATION updated 2/7/2020 4:14pm

Defendant Maya “Alec” McKinney pled guilty today in Douglas County District Court to 17 counts related to the shooting at the STEM school in Highlands Ranch on May 7, 2019.

McKinney pleaded guilty to the following charges:

  1. First Degree Murder in the Death of Kendrick Castillo (class 1 felony);
  2. Conspiracy to Commit First Degree Murder after Deliberation (class 2 felony);
  3. Attempted Murder After Deliberation (class 2 felony);
  4. Attempted Murder After Deliberation (class 2 felony);
  5. Attempted Murder After Deliberation (class 2 felony);
  6. Attempted Murder After Deliberation (class 2 felony);
  7. Attempted Murder After Deliberation (class 2 felony);
  8. Attempted Murder After Deliberation (class 2 felony);
  9. Attempted Murder Extreme Indifference (this count is amended to name everyone who present in 107 but not physically shot) (class 2 felony);
  10. Second Degree Assault (class 4 felony);
  11. Conspiracy to Commit Arson (class 5 felony);
  12. Conspiracy to Commit Burglary (class 6 felony);
  13. Conspiracy to Commit Criminal Mischief (class 6 felony);
  14. Possession of a Weapon on School Grounds (class 6 felony);
  15. Possession of a Handgun by a Juvenile (class 2 misdemeanor);
  16. Crime of Violence Sentence Enhancer
  17. Crime of Violence Sentence Enhancer

All other charged counts were dismissed as part of the plea.

Sentencing is set for May 18, 2020 at 9am. Because the defendant is a juvenile, the mandatory minimum sentence is life with possibility of parole after 40 years; the maximum sentence is life with possibility of parole after 40 years plus 407.5 years. On May 18, the Judge will decide the sentence imposed in the case. The judge has discretion in deciding the sentences for all of the charges except First Degree Murder. The Judge has the discretion to run the sentences concurrent (meaning all the sentences run at the same time) or consecutively (meaning the sentences follow one after the other) or a combination of consecutive and concurrent.

 


NEW INFORMATION updated 2/7/2020 12:23pm – Court is going to remain open for the hearing.

 


NEW INFORMATION updated 2/7/2020 11:16am – Good morning all.   We have been informed that there will be a conference call at noon about possible closures this afternoon.     The defendant will not be transported until 1:00 pm pending this conference.   If we stay open this may delay the start of the hearing.   We will post and update once we hear if we are closing or staying open.    I know we wanted everyone early but I would plan for 1:30 now as an early time.

 


Procedures for attending court:

  1. Registration: If you are interested in attending court in person, you must register on the dedicated STEM website for the specific date you plan to attend. Please Note: courtroom seating is limited and registering does not guarantee seating in the main courtroom.  If you do not register, we may not be able to accommodate seating for you.
  2. Main courtroom: seating is limited and available seats will be designated based on following criteria:
  3. Victims named in the charging document, along with their immediate family (limitations may apply)
  4. Random lottery selection will be used to designate available seats in the main courtroom
  5. An overflow room (the Jury Commissioners Room for the 9/24-9/26 court dates) will be available to watch the proceedings on closed-circuit television if you do not wish to be in the main courtroom and/or there are no seats available. Both the main courtroom and the overflow room will be staffed with DA Victim Witness Specialist support.
  6. Day of court: a) Please arrive early to give yourself time to get through security.  We are expecting a large volume of people to be entering the courthouse and this may cause delays in the security process – please plan accordingly.  b) Follow the signs to your right to the Jury Commissioners Room (this is the designated overflow room made available by the court for the 9/24-9/26 court dates).  C) Check in with DA Victim Witness Specialist staff – they will be wearing a yellow sticker on their clothing that states: District Attorney – Victim Witness Specialist – this will be where you need to check in.  You must check in with DA staff before proceeding to the courtroom.  Once you have checked in you will be given further directions/information for the day.
  7. Lottery for main courtroom seating: If you wish to have a seat in the main courtroom you will need to be checked in no later than 8:15am on the morning of court (check in will be located in the Jury Commissioners Room). Names will be randomly selected to determine who will be able to sit in the main courtroom based on number of seats available.  Seats will be rotated from the morning session to the afternoon so that as many people can have an opportunity to be in the courtroom as possible.  Please be patient as we are working to accommodate everyone that we can.  You will be able to see all of the court proceedings from the jury commissioner’s room through a closed circuit TV.  (Note: the closed circuit TV feed is not available outside of the overflow area). The court decorum rules (see court decorum below) must be followed in both the main courtroom and the overflow room (Jury Commissioner’s room).

Decorum In The Courtroom – Courtroom Decorum

In order to ensure a smooth and efficient proceeding, as well as the continued presence of a large number of members of the public, including victims, please maintain a professional level of decorum when you are in the courtroom.  Conversations should take place outside.  While we understand this is an emotional process, if you are overcome with emotion, please step outside until you are able to compose yourself.  Our Victim Witness Specialists will be present and available if needed.  You will be able to identify a Victim Witness Specialist by a yellow sticker on their clothing that states: District Attorney – Victim Witness Specialist.

***Please reach out to any DA Victim Witness Specialist directly if you need assistance or if someone near you needs assistance.

In addition, the Court has a standing order regarding the use of electronic devices.  This order is posted outside of every courtroom, and applies to everyone.  A few of the key points are noted below:

  • Cell phones and other electronic devices may be carried with you – you do not need to leave them in your car, but they can only be used outside the courtroom.
  • Any phones or electronic devices must be set to silent or turned off. You can use a device to take notes as long as the note-taking is not disruptive of the proceedings.
  • You may not use any cell phone or electronic device to record or photograph any part of the proceedings
  • You may not use an electronic device such as a phone or laptop to transmit information from the courtroom.
  • In short, no calls, no texts, no use of social media, no photography or recording audio or video from the courtroom is allowed.
  • These same guidelines apply to any of the overflow rooms that will be open to view the proceedings on closed circuit television.

Please remember that this is an order of the Court, and not a request.  Anyone who violates this order may be subject to contempt proceedings, which could include sanctions of a remedial or punitive nature, including a fine and/or a jail sentence.  It will also likely result in the immediate confiscation of any devices that court staff or law enforcement believe were used in violation of the Court’s order.

Notice: Court Schedules Often Change

Please understand that while we will try to notify you in advance of any continuances of court appearances, we are not always notified in advance, and even when an event begins as scheduled, there may still be a request for a last-minute continuance.  While we understand that these developments can be frustrating, they are, unfortunately, a routine part of the judicial process.  When you plan to attend court, please understand that risk is ever-present.

Who Should I Call For…

If you have questions about the status of the case itself, please reach out to our team of Victim Witness Specialists.  Valarie Finks, Melissa Secrease, and Jenni Shaffer are happy to help you, and they can collectively be reached at: 720-874-8657 or you can e-mail us at [email protected].

If you have questions about Victim Compensation, or need assistance finding a therapist, please contact Victim Compensation at [email protected] or 720-874-8787.

Legal Definitions:

Preliminary Hearing

In the vast majority of cases with a felony charge where a defendant remains in custody, a defendant is entitled to a Preliminary Hearing.  This is a limited hearing where the Judge, and not a jury, determines whether there is probable cause to believe that the defendant has committed the offenses charged in the complaint.  Misdemeanor charges are not subject to a preliminary hearing.  Importantly, while some of the evidence in the case is discussed at a preliminary hearing, the hearing is not a “mini trial” and victims or witnesses who will likely testify at a jury trial will usually not be called to testify at a preliminary hearing.  Usually these hearings include just law enforcement witnesses and are much shorter than an actual trial.  While there will be some evidence presented related to the felony charges, you should expect that not all evidence will be presented at this hearing.

Proof Evident, Presumption Great

In cases that include a charge of First Degree Murder, the Court holds an additional hearing to determine whether a defendant can still be held without the ability to post bond.  If successful, this ensures that a defendant can never be released prior to their jury trial.  We refer to this hearing as a Proof Evident, Presumption Great hearing, because to continue to hold a person without the right to make bail, the Judge must find that the proof of guilt is evident and the presumption of a conviction by a jury is great.  This requires a degree of proof that is more than probable cause, though less than is required for a conviction at trial.  Bail is denied when the evidence leads the court to conclude that there is a fair likelihood that the defendant is in danger of a jury verdict of guilty on the first-degree murder charge.  This hearing is held in conjunction with the preliminary hearing.  As is true of the preliminary hearing, not all evidence in the case is presented – this is usually a limited presentation of evidence which is generally accomplished by relying on law enforcement witnesses.

Reverse Transfer Hearing

A reverse transfer hearing is requested by a juvenile when they have been charged as an adult.   While the Preliminary Hearing and Proof Evident, Presumption Great hearings are generally focused on the criminal acts and evidence of guilt, a reverse transfer hearing essentially asks the Court to determine whether it is appropriate to continue to prosecute a juvenile offender as an adult in district court, by requiring the court to consider a number of specific factors.  These factors include, in part, the nature and seriousness of the offense; community safety; the age and maturity of the juvenile; any previous criminal record; the current and past mental health of the juvenile; the likelihood of the juvenile’s rehabilitation; the interest of the community in the imposition of a punishment that fits the offense; and the impact of the offense on the victims.  This generally involves significant testimony and evidence about the juvenile themselves, and often includes opinions of mental health experts and evaluators.  At the conclusion of this hearing, the Judge determines whether or not the case will remain in district court with the juvenile tried as an adult, or whether the case will be transferred to juvenile court.

As courtroom space is limited we will make an effort to accommodate families that have been affected by this tragedy.  In order to accommodate the number of people that wish to attend hearings we will need you to “register” for the court dates that you will be present for.  Unfortunately, this does not ensure a place in the courtroom but it will better assist us with notifying the court of how many people will be attending and you may have a seat in the courtroom or in an overflow courtroom.  Registering will give you priority over those that do not register.  Please e-mail [email protected] if you have questions about the court date or registration.  Thank you!


Unless Noted All Event Locations are Douglas County Courthouse Division 1 4000 Justice Way Castle Rock CO 80109 – CLICK HERE FOR DIRECTIONS


Frequently Asked Questions (FAQ’s):

Added 3/2/2020 Victim Impact Statement

“But I’m not a named (VRA) victim… Should I fill this out?”
Yes. We understand that not everyone who was impacted by these crimes is named specifically in a charge. The reality is that it is likely only named victims will be able to address the court in person during the sentencing hearing. However, we understand there are hundreds and even thousands of lives that have been affected by this tragedy. This is your opportunity to make your voice heard, both for the judge and for any future review of this defendant’s sentence. Therefore, even if you are not a named (VRA) victim, we encourage you to submit your comments about how this crime has affected your life.

Filling Out the Victim Impact Statement is Voluntary.
Your completed statement will become an official court document and will be read by the district attorney, judge, and probation officer assigned to the case. The defense attorneys and the defendants will also be provided a copy of your Victim Impact Statement and any supporting documentation.

How Do I Write A Victim Impact Statement?
You are free to draft a letter in whatever form you see fit. However, the questions below are provided to help guide you to the information most relevant to the judge. Remember, this is your opportunity to tell the judge how this has impacted you, so comments should be directed to the court, rather than to the defendant or anyone else.
Please include the case information on your correspondence: People vs. Maya McKinney 2019CR467.
Name of the Person Submitting This Victim Impact Statement: __________________________
Relationship to the Victim of This Crime: _________________________
Name of Victim of this Crime: _________________________

1. Please describe where you were located during the commission of this crime?
2. How has this crime affected your life and/or your family?
3. Please describe any physical injuries sustained as a result of this crime.
4. Please describe any emotional impact this has had on you and/or your family?
5. What do you believe could be done to assist in repairing the harm inflicted on you and/or your family?

Please return this document via e-mail to [email protected] no later than April 8, 2020.

  1. Legal definition of Victim: The District Attorney’s Office recognizes that all students, faculty and staff, and their families have been affected by these crimes. We do not seek to minimize or ignore that lasting impact. However, some individuals are specifically named as victims in the charging documents filed in both cases based on a number of factors, including things like a victim sustaining direct physical injuries. Colorado’s Victims’ Rights Act guarantees certain protections to victims of specific crimes such as murder and attempted murder. Please understand when we use the term “victim” we are generally referring to those victims to which the Victims’ Rights Act applies, but know that we also realize there are hundreds of other victims that, while affected in different ways, still feel the lasting impact of these crimes.
  2. We are frequently asked why the case itself and legal pleadings are frequently titled as “Maya McKinney” instead of “Alec McKinney.” While we are sensitive to and respect the complicated issues involved in a situation such as this, the juvenile has not yet sought or received an order authorizing a legal name change. Court proceedings are a formal and legal process. While we respect everyone’s rights, we will continue to utilize legal names as we would with any other defendant in a criminal matter. We will continue to file legal pleadings referencing the juvenile’s legal name until such an official change is sought and granted. During hearings, observers are likely to hear both “Maya” and “Alec” depending on the witness who is testifying.

 NEW INFORMATION updated 12/16/2019 – Today, the defense filed a motion to continue. We objected to the continuance and asked the Court to require a plea today. The request for a continuance was premised mainly on the defense now having the ballistics report and wanting to contact an expert to help them evaluate the report. The Court granted the request for a continuance, and the new arraignment date is February 7, 2019 at 1:30pm in Division 1.

We also requested that the Court revisit the issue of suppression of the Court’s file, which, so far, has largely not been available to members of the public. The Court ordered that we collaborate with the defense and work on filing a stipulation about what will remain suppressed by December 20th.


NEW INFORMATION updated 12/5/2019

McKinney 19CR467

On Wednesday, December 4th, Judge Holmes issued his written ruling where he denied McKinney’s motion to transfer the case to Juvenile Court.  In his thorough and well-reasoned order, Judge Holmes reviewed the evidence presented regarding the eleven factors the Court considers on a reverse transfer motion, and found that the interests of the community would not be better served if McKinney were to be prosecuted in juvenile court.  This means that McKinney will continue to be tried as an adult in the district court, and will appear for arraignment on December 16th at 1:30pm. 

Erickson 19CR451

Mr. Erickson’s arraignment was continued based on the Defendant’s request.  His arraignment is now scheduled for January 2nd at 1:30pm.  While the Court granted the defense’s request for some additional time, the Court also indicated it was not likely to grant any further continuances, so we expect the case to move forward to the trial stage at the January hearing.


NEW INFORMATION updated 11/15/2019

If you are attending court this week please read the following instructions:

  • Plan to arrive early – security screening will open at 7:30am
  • After security screening – proceed down the hall towards the DA’s Office – Suite 2525A
  • There will be DA Victim Witness Specialist (wearing a blue lanyard with a yellow sticker with District Attorney Victim Witness Specialist) directing you as you approach the DA’s office on where to check in. Once you are checked in, you will be directed to where you can wait. We need those that have checked in with the DA’s Office to be in the area so we can relay any additional instructions.
  • Please be checked in with the DA’s Office no later than 8:15am
  • Once the courtroom is open – DA staff will escort everyone at that time. The court will expect to start promptly at 8:30am
  • Please make sure you review the court’s order of courtroom decorum (see attached)

Important Note:  The Court may decide to close the courtroom for portions of the testimony in the upcoming Reverse-Transfer hearing for juvenile defendant McKinney.  Those requests to close the courtroom could be raised and argued at any time.  Unfortunately, we are not able to predict or give advance notice about closures (if any) that may occur during the testimony, so please be prepared for that possibility.

Click the following link to view the latest Court Decorum requirements. Courtroom Decorum

The next scheduled court appearance for juvenile defendant McKinney (19CR467) is for a combined Preliminary Hearing; Proof Evident Presumption Great Hearing; and Reverse Transfer Hearing. Those hearings are scheduled to begin on November 18, 2019 and may continue through November 26, 2019 in Division 1 of the Douglas County Courthouse, 4000 Justice Way, Castle Rock, CO 80109.

McKinney Preliminary Hearing – will begin on Monday but may continue into Tuesday

Monday, November 18th at 8:30am

Tuesday, November 19th at 8:30am

McKinney Reverse Transfer Hearing is set to begin on Wednesday, November 20 and could go through Tuesday the 26.

Wednesday, November 20th @8:30am

Thursday, November 21st @ 8:30am

Friday, November 22nd @ 8:30am

Monday, November 25th @ 8:30am (if not finished)

Tuesday, November 26th @ 8:30am (if not finished)

*** Please see below for further information if you are attending court

The next scheduled court appearance for adult defendant Erickson (19CR451) is for Arraignment on December 6, 2019 at 1:30pm in Division 1.

 


NEW INFORMATION updated 10/16/2019 RE: McKinney Hearing 19CR467

The courts have set a hearing on October 23rd at 9:00AM regarding Subpoena Duces Tecums (SDTs) that have been issued.

A Subpoena Duces Tecum (SDT) allows lawyers for either side to order outside entities, (employers, businesses, medical facilities, etc.) to bring particular documents to the Judge on a specified date.  On that date, the judge receives the documents, and reviews them, (usually at a later time) to determine if they are relevant.  If the judge determines that the documents are relevant, the documents are released to the lawyers for each side.  The SDT return date is simply a date for anybody who received such an order to produce the documents requested to the judge, or to tell the judge why they can’t or won’t produce the documents.  Criminal defendants typically are not even present for SDT return dates, and these hearings typically last only minutes.

Given the brevity of this hearing and the fact that no testimony will be given we will not be setting up a roster for attendance, please reach out if you have any questions.


NEW INFORMATION updated 9/25/2019 – RE: Erickson Preliminary Hearing 19CR451

On Wednesday September 25, 2019, the Court heard the conclusion of testimony and heard argument from both parties, and issued a ruling on the Preliminary Hearing / Proof Evident Presumption Great Hearing.

As a reminder, the Proof Evident Presumption Great hearing only applies to the charges of First Degree Murder (counts 1 & 2).  On 9/25/19, the Court found that the evidence was sufficient for the Court to find that proof was evident and that we were justified in continuing to hold Mr. Erickson without the ability to post bond.  This finding means that, for the duration of these proceedings, Mr. Erickson will not be released on bond (sometimes called bail) before trial.  He will remain in custody until the conclusion of the case.

The second issue for this hearing was for the court to determine whether there is probable cause to continue to hold Mr. Erickson on the 44 felony counts that are charged in this case (there are a total of 48 counts in the indictment, but only 44 are eligible for review with a preliminary hearing because the additional counts are misdemeanor or sentence enhancing counts).  On 9/25/19, the Court also found that the evidence presented demonstrated enough probable cause to believe that Mr. Erickson committed these crimes, and bound over all counts for Arraignment.

The next court date is the Arraignment hearing and it is currently scheduled for December 6, 2019 at 1:30pm in Division 1 at the Douglas County Courthouse.


NEW INFORMATION updated 9/20/2019 – This update is intended for those individuals who were directly impacted by the STEM shooting, either as named victims (those victims specifically named in the charging documents), or any student, faculty or staff present in the STEM school on May 7, 2019.  Please do not forward this.  Instead, encourage anyone who is interested in these updates to go to our website:  http://www.da18.org/privatesteminfo/

The District Attorney’s Office recognizes that all students, faculty and staff, and their families have been affected by these crimes.  We do not seek to minimize or ignore that lasting impact.  However, some individuals are specifically named as victims in the charging documents filed in both cases based on a number of factors, including things like a victim sustaining direct physical injuries.  Colorado’s Victim Rights Act guarantees certain protections to victims of specific crimes such as murder and attempted murder.  Please understand when we use the term “victim” we are generally referring to those victims to which the Victim Rights Act applies, but know that we also realize there are hundreds of other victims that, while affected in different ways, still feel the lasting impact of these crimes.

Please note:  These updates will not talk about the facts of the cases.

Upcoming: The next scheduled court appearance for adult defendant Erickson (19CR451) is for Preliminary Hearing and Proof Evident, Presumption Great Hearing on September 24TH -26TH , 2019.  The hearing will begin promptly at 9:30am at the Douglas County Courthouse, 4000 Justice Way, Castle Rock, CO 80109 – Division 1.  Please see additional information below regarding attending court and legal definitions.

The next scheduled court appearance for juvenile defendant McKinney (19CR467) is for a combined Preliminary Hearing; Proof Evident Presumption Great Hearing; and Reverse Transfer Hearing.  Those hearings are scheduled to begin on November 18th, 2019, and will continue through November 26, 2019.

Should I attend court? Everyone responds to trauma and grief in different ways, and it is always a uniquely personal choice for everyone whether you decide to attend court in person, or not.  For some, staying away from the judicial process unless you are subpoenaed as a witness may be the best course.  For others, you may want to be at every hearing regardless of what is going to be heard.  Please be considerate and respect the difficult choices that others impacted by this case have to make on an individual basis.

Procedures for attending court:

  1. Registration: If you are interested in attending court in person, you must register on the dedicated STEM website for the specific date you plan to attend. Please Note: courtroom seating is limited and registering does not guarantee seating in the main courtroom.  If you do not register, we may not be able to accommodate seating for you.
  2. Main courtroom: seating is limited and available seats will be designated based on following criteria:
  3. Victims named in the charging document, along with their immediate family (limitations may apply)
  4. Random lottery selection will be used to designate available seats in the main courtroom
  5. An overflow room (the Jury Commissioners Room for the 9/24-9/26 court dates) will be available to watch the proceedings on closed-circuit television if you do not wish to be in the main courtroom and/or there are no seats available. Both the main courtroom and the overflow room will be staffed with DA Victim Witness Specialist support.
  6. Day of court: a) Please arrive early to give yourself time to get through security.  We are expecting a large volume of people to be entering the courthouse and this may cause delays in the security process – please plan accordingly.  b) Follow the signs to your right to the Jury Commissioners Room (this is the designated overflow room made available by the court for the 9/24-9/26 court dates).  C) Check in with DA Victim Witness Specialist staff – they will be wearing a yellow sticker on their clothing that states: District Attorney – Victim Witness Specialist – this will be where you need to check in.  You must check in with DA staff before proceeding to the courtroom.  Once you have checked in you will be given further directions/information for the day.
  7. Lottery for main courtroom seating: If you wish to have a seat in the main courtroom you will need to be checked in no later than 8:15am on the morning of court (check in will be located in the Jury Commissioners Room). Names will be randomly selected to determine who will be able to sit in the main courtroom based on number of seats available.  Seats will be rotated from the morning session to the afternoon so that as many people can have an opportunity to be in the courtroom as possible.  Please be patient as we are working to accommodate everyone that we can.  You will be able to see all of the court proceedings from the jury commissioner’s room through a closed circuit TV.  (Note: the closed circuit TV feed is not available outside of the overflow area). The court decorum rules (see court decorum below) must be followed in both the main courtroom and the overflow room (Jury Commissioner’s room).

Decorum In The CourtroomCourtroom Decorum In order to ensure a smooth and efficient proceeding, as well as the continued presence of a large number of members of the public, including victims, please maintain a professional level of decorum when you are in the courtroom.  Conversations should take place outside.  While we understand this is an emotional process, if you are overcome with emotion, please step outside until you are able to compose yourself.  Our Victim Witness Specialists will be present and available if needed.  You will be able to identify a Victim Witness Specialist by a yellow sticker on their clothing that states: District Attorney – Victim Witness Specialist.

***Please reach out to any DA Victim Witness Specialist directly if you need assistance or if someone near you needs assistance.

In addition, the Court has a standing order regarding the use of electronic devices.  This order is posted outside of every courtroom, and applies to everyone.  A few of the key points are noted below:

  • Cell phones and other electronic devices may be carried with you – you do not need to leave them in your car, but they can only be used outside the courtroom.
  • Any phones or electronic devices must be set to silent or turned off. You can use a device to take notes as long as the note-taking is not disruptive of the proceedings.
  • You may not use any cell phone or electronic device to record or photograph any part of the proceedings
  • You may not use an electronic device such as a phone or laptop to transmit information from the courtroom.
  • In short, no calls, no texts, no use of social media, no photography or recording audio or video from the courtroom is allowed.
  • These same guidelines apply to any of the overflow rooms that will be open to view the proceedings on closed circuit television.

Please remember that this is an order of the Court, and not a request.  Anyone who violates this order may be subject to contempt proceedings, which could include sanctions of a remedial or punitive nature, including a fine and/or a jail sentence.  It will also likely result in the immediate confiscation of any devices that court staff or law enforcement believe were used in violation of the Court’s order.

Notice: Court Schedules Often Change – Please understand that while we will try to notify you in advance of any continuances of court appearances, we are not always notified in advance, and even when an event begins as scheduled, there may still be a request for a last-minute continuance.  While we understand that these developments can be frustrating, they are, unfortunately, a routine part of the judicial process.  When you plan to attend court, please understand that risk is ever-present.

Who Should I Call For… If you have questions about the status of the case itself, please reach out to our team of Victim Witness Specialists.  Valarie Finks, Melissa Secrease, and Jenni Shaffer are happy to help you, and they can collectively be reached at: 720-874-8657 or you can e-mail us at [email protected].

If you have questions about Victim Compensation, or need assistance finding a therapist, please contact Victim Compensation at [email protected] or 720-874-8787.

Legal Definitions:

Preliminary Hearing – In the vast majority of cases with a felony charge where a defendant remains in custody, a defendant is entitled to a Preliminary Hearing.  This is a limited hearing where the Judge, and not a jury, determines whether there is probable cause to believe that the defendant has committed the offenses charged in the complaint.  Misdemeanor charges are not subject to a preliminary hearing.  Importantly, while some of the evidence in the case is discussed at a preliminary hearing, the hearing is not a “mini trial” and victims or witnesses who will likely testify at a jury trial will usually not be called to testify at a preliminary hearing.  Usually these hearings include just law enforcement witnesses and are much shorter than an actual trial.  While there will be some evidence presented related to the felony charges, you should expect that not all evidence will be presented at this hearing.

Proof Evident, Presumption Great – In cases that include a charge of First Degree Murder, the Court holds an additional hearing to determine whether a defendant can still be held without the ability to post bond.  If successful, this ensures that a defendant can never be released prior to their jury trial.  We refer to this hearing as a Proof Evident, Presumption Great hearing, because to continue to hold a person without the right to make bail, the Judge must find that the proof of guilt is evident and the presumption of a conviction by a jury is great.  This requires a degree of proof that is more than probable cause, though less than is required for a conviction at trial.  Bail is denied when the evidence leads the court to conclude that there is a fair likelihood that the defendant is in danger of a jury verdict of guilty on the first-degree murder charge.  This hearing is held in conjunction with the preliminary hearing.  As is true of the preliminary hearing, not all evidence in the case is presented – this is usually a limited presentation of evidence which is generally accomplished by relying on law enforcement witnesses.

Reverse Transfer Hearing – A reverse transfer hearing is requested by a juvenile when they have been charged as an adult.   While the Preliminary Hearing and Proof Evident, Presumption Great hearings are generally focused on the criminal acts and evidence of guilt, a reverse transfer hearing essentially asks the Court to determine whether it is appropriate to continue to prosecute a juvenile offender as an adult in district court, by requiring the court to consider a number of specific factors.  These factors include, in part, the nature and seriousness of the offense; community safety; the age and maturity of the juvenile; any previous criminal record; the current and past mental health of the juvenile; the likelihood of the juvenile’s rehabilitation; the interest of the community in the imposition of a punishment that fits the offense; and the impact of the offense on the victims.  This generally involves significant testimony and evidence about the juvenile themselves, and often includes opinions of mental health experts and evaluators.  At the conclusion of this hearing, the Judge determines whether or not the case will remain in district court with the juvenile tried as an adult, or whether the case will be transferred to juvenile court.


NEW INFORMATION updated 6/12/2019 – We have received information that the court will “begin releasing” HEAVILY REDACTED versions of the affidavit  and charges, potentially as soon as later today.  We have made every effort to request that ALL names of victims/witnesses, (regardless of adult/minor) be redacted, but ultimately, the actual redactions are in the hands of the Court/Court staff.  We do not have a timetable yet for when this information will be released, as again, that will be dictated by the clerk’s office/Court staff.  We will send an update once we receive any additional information.

Below is a link where the court will post public documents for People vs. Devon Erickson, (19CR00451).

https://www.courts.state.co.us/Courts/County/Case_Details.cfm?Case_ID=3038

There is no link yet as to documents for the co-defendant’s case.


STEM UPDATE updated 6/19/2019

This update is intended for those individuals who were directly impacted by the STEM shooting, either as named victims (those victims specifically named in the charging documents), or any student, faculty or staff present in the STEM school on May 7, 2019.  Please do not forward this.  Instead, encourage anyone who is interested in these updates to go to our website:  http://www.da18.org/privatesteminfo/

The District Attorney’s Office recognizes that all students, faculty and staff, and their families have been affected by these crimes.  We do not seek to minimize or ignore that lasting impact.  However, some individuals are specifically named as victims in the charging documents filed in both cases based on a number of factors, including things like a victim sustaining direct physical injuries.  Colorado’s Victim Rights Act guarantees certain protections to victims of specific crimes such as murder and attempted murder.  Please understand when we use the term “victim” we are generally referring to those victims to which the Victim Rights Act applies, but know that we also realize there are hundreds of other victims that, while affected in different ways, still feel the lasting impact of these crimes.

 

Please note:  These updates will not talk about the facts of the cases.

Upcoming:

The next scheduled court appearance for adult defendant Erickson (19CR451) is for Preliminary Hearing and Proof Evident, Presumption Great Hearing on September 24TH -26TH , 2019.  The hearing will begin promptly at 9:30am at the Douglas County Courthouse, 4000 Justice Way, Castle Rock, CO 80109 – Division 1.  Please see additional information below regarding attending court and legal definitions.

The next scheduled court appearance for juvenile defendant McKinney (19CR467) is for a combined Preliminary Hearing; Proof Evident Presumption Great Hearing; and Reverse Transfer Hearing.  Those hearings are scheduled to begin on November 18th, 2019, and will continue through November 26, 2019.

 

Should I attend court?

Everyone responds to trauma and grief in different ways, and it is always a uniquely personal choice for everyone whether you decide to attend court in person, or not.  For some, staying away from the judicial process unless you are subpoenaed as a witness may be the best course.  For others, you may want to be at every hearing regardless of what is going to be heard.  Please be considerate and respect the difficult choices that others impacted by this case have to make on an individual basis.

Procedures for attending court:

  1. Registration: If you are interested in attending court in person, you must register on the dedicated STEM website for the specific date you plan to attend. Please Note: courtroom seating is limited and registering does not guarantee seating in the main courtroom.  If you do not register, we may not be able to accommodate seating for you.
  2. Main courtroom: seating is limited and available seats will be designated based on following criteria:
  3. Victims named in the charging document, along with their immediate family (limitations may apply)
  4. Random lottery selection will be used to designate available seats in the main courtroom
  5. An overflow room (the Jury Commissioners Room for the 9/24-9/26 court dates) will be available to watch the proceedings on closed-circuit television if you do not wish to be in the main courtroom and/or there are no seats available. Both the main courtroom and the overflow room will be staffed with DA Victim Witness Specialist support.
  6. Day of court: a) Please arrive early to give yourself time to get through security.  We are expecting a large volume of people to be entering the courthouse and this may cause delays in the security process – please plan accordingly.  b) Follow the signs to your right to the Jury Commissioners Room (this is the designated overflow room made available by the court for the 9/24-9/26 court dates).  C) Check in with DA Victim Witness Specialist staff – they will be wearing a yellow sticker on their clothing that states: District Attorney – Victim Witness Specialist – this will be where you need to check in.  You must check in with DA staff before proceeding to the courtroom.  Once you have checked in you will be given further directions/information for the day.
  7. Lottery for main courtroom seating: If you wish to have a seat in the main courtroom you will need to be checked in no later than 8:15am on the morning of court (check in will be located in the Jury Commissioners Room). Names will be randomly selected to determine who will be able to sit in the main courtroom based on number of seats available.  Seats will be rotated from the morning session to the afternoon so that as many people can have an opportunity to be in the courtroom as possible.  Please be patient as we are working to accommodate everyone that we can.  You will be able to see all of the court proceedings from the jury commissioner’s room through a closed circuit TV.  (Note: the closed circuit TV feed is not available outside of the overflow area). The court decorum rules (see court decorum below) must be followed in both the main courtroom and the overflow room (Jury Commissioner’s room).

Decorum In The Courtroom – Courtroom Decorum

In order to ensure a smooth and efficient proceeding, as well as the continued presence of a large number of members of the public, including victims, please maintain a professional level of decorum when you are in the courtroom.  Conversations should take place outside.  While we understand this is an emotional process, if you are overcome with emotion, please step outside until you are able to compose yourself.  Our Victim Witness Specialists will be present and available if needed.  You will be able to identify a Victim Witness Specialist by a yellow sticker on their clothing that states: District Attorney – Victim Witness Specialist.

***Please reach out to any DA Victim Witness Specialist directly if you need assistance or if someone near you needs assistance.

In addition, the Court has a standing order regarding the use of electronic devices.  This order is posted outside of every courtroom, and applies to everyone.  A few of the key points are noted below:

  • Cell phones and other electronic devices may be carried with you – you do not need to leave them in your car, but they can only be used outside the courtroom.
  • Any phones or electronic devices must be set to silent or turned off. You can use a device to take notes as long as the note-taking is not disruptive of the proceedings.
  • You may not use any cell phone or electronic device to record or photograph any part of the proceedings
  • You may not use an electronic device such as a phone or laptop to transmit information from the courtroom.
  • In short, no calls, no texts, no use of social media, no photography or recording audio or video from the courtroom is allowed.
  • These same guidelines apply to any of the overflow rooms that will be open to view the proceedings on closed circuit television.

Please remember that this is an order of the Court, and not a request.  Anyone who violates this order may be subject to contempt proceedings, which could include sanctions of a remedial or punitive nature, including a fine and/or a jail sentence.  It will also likely result in the immediate confiscation of any devices that court staff or law enforcement believe were used in violation of the Court’s order.

Notice: Court Schedules Often Change

Please understand that while we will try to notify you in advance of any continuances of court appearances, we are not always notified in advance, and even when an event begins as scheduled, there may still be a request for a last-minute continuance.  While we understand that these developments can be frustrating, they are, unfortunately, a routine part of the judicial process.  When you plan to attend court, please understand that risk is ever-present.

Who Should I Call For…

If you have questions about the status of the case itself, please reach out to our team of Victim Witness Specialists.  Valarie Finks, Melissa Secrease, and Jenni Shaffer are happy to help you, and they can collectively be reached at: 720-874-8657 or you can e-mail us at [email protected].

If you have questions about Victim Compensation, or need assistance finding a therapist, please contact Victim Compensation at [email protected] or 720-874-8787.

Legal Definitions:

Preliminary Hearing

In the vast majority of cases with a felony charge where a defendant remains in custody, a defendant is entitled to a Preliminary Hearing.  This is a limited hearing where the Judge, and not a jury, determines whether there is probable cause to believe that the defendant has committed the offenses charged in the complaint.  Misdemeanor charges are not subject to a preliminary hearing.  Importantly, while some of the evidence in the case is discussed at a preliminary hearing, the hearing is not a “mini trial” and victims or witnesses who will likely testify at a jury trial will usually not be called to testify at a preliminary hearing.  Usually these hearings include just law enforcement witnesses and are much shorter than an actual trial.  While there will be some evidence presented related to the felony charges, you should expect that not all evidence will be presented at this hearing.

Proof Evident, Presumption Great

In cases that include a charge of First Degree Murder, the Court holds an additional hearing to determine whether a defendant can still be held without the ability to post bond.  If successful, this ensures that a defendant can never be released prior to their jury trial.  We refer to this hearing as a Proof Evident, Presumption Great hearing, because to continue to hold a person without the right to make bail, the Judge must find that the proof of guilt is evident and the presumption of a conviction by a jury is great.  This requires a degree of proof that is more than probable cause, though less than is required for a conviction at trial.  Bail is denied when the evidence leads the court to conclude that there is a fair likelihood that the defendant is in danger of a jury verdict of guilty on the first-degree murder charge.  This hearing is held in conjunction with the preliminary hearing.  As is true of the preliminary hearing, not all evidence in the case is presented – this is usually a limited presentation of evidence which is generally accomplished by relying on law enforcement witnesses.

Reverse Transfer Hearing

A reverse transfer hearing is requested by a juvenile when they have been charged as an adult.   While the Preliminary Hearing and Proof Evident, Presumption Great hearings are generally focused on the criminal acts and evidence of guilt, a reverse transfer hearing essentially asks the Court to determine whether it is appropriate to continue to prosecute a juvenile offender as an adult in district court, by requiring the court to consider a number of specific factors.  These factors include, in part, the nature and seriousness of the offense; community safety; the age and maturity of the juvenile; any previous criminal record; the current and past mental health of the juvenile; the likelihood of the juvenile’s rehabilitation; the interest of the community in the imposition of a punishment that fits the offense; and the impact of the offense on the victims.  This generally involves significant testimony and evidence about the juvenile themselves, and often includes opinions of mental health experts and evaluators.  At the conclusion of this hearing, the Judge determines whether or not the case will remain in district court with the juvenile tried as an adult, or whether the case will be transferred to juvenile court.

As courtroom space is limited we will make an effort to accommodate families that have been affected by this tragedy.  In order to accommodate the number of people that wish to attend hearings we will need you to “register” for the court dates that you will be present for.  Unfortunately, this does not ensure a place in the courtroom but it will better assist us with notifying the court of how many people will be attending and you may have a seat in the courtroom or in an overflow courtroom.  Registering will give you priority over those that do not register.  Please e-mail [email protected] if you have questions about the court date or registration.  Thank you!


Devon Michael Erickson 19CR451 – 3 days for preliminary hearing (Tuesday-9/24/2019, Wednesday-9/25/2019, Thursday-9/26/2019)

Preliminary Hearing 1 of 3 – TUESDAY September 24th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

Preliminary Hearing 2 of 3 –  WEDNESDAY September 25th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

Preliminary Hearing 3 of 3 – THURSDAY September 26th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

This hearing is set for 3 days but it may or may not last the entire 3 days.  You can either register for one day, two days or three. You will need to register for any day that you plan to attend.  If any questions, please send an e-mail to [email protected]


Maya Elizabeth McKinney 19CR467 – Preliminary Hearing (Monday-11/18/2019, Tuesday-11/19/2019) — Reverse Transfer Hearings (Wednesday-11/20/2019, Thursday-11/21/2019, Friday-11/22/2019, Monday-11/25/2019, Tuesday-11/26/2019)

Preliminary Hearing 1 of 2 MONDAY November 18th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

Preliminary Hearing 2 of 2 TUESDAY November 19th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

Reverse Transfer Hearing 1 of 5   – WEDNESDAY November 20th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

Reverse Transfer Hearing  2 of 5 – THURSDAY November 21th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

Reverse Transfer Hearing  3 of 5  – FRIDAY November 22th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

Reverse Transfer Hearing  4 of 5 – MONDAY November 25th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

Reverse Transfer Hearing  5 of 5 – TUESDAY November 26th at 8:30am – CLICK HERE IF YOU PLAN TO ATTEND

If any questions, please send an e-mail to [email protected]


Unless Noted All Event Locations are Douglas County Courthouse Division 1 4000 Justice Way Castle Rock CO 80109 – CLICK HERE FOR DIRECTIONS


Frequently Asked Questions (FAQ’s):

  1. Legal definition of Victim: The District Attorney’s Office recognizes that all students, faculty and staff, and their families have been affected by these crimes. We do not seek to minimize or ignore that lasting impact. However, some individuals are specifically named as victims in the charging documents filed in both cases based on a number of factors, including things like a victim sustaining direct physical injuries. Colorado’s Victims’ Rights Act guarantees certain protections to victims of specific crimes such as murder and attempted murder. Please understand when we use the term “victim” we are generally referring to those victims to which the Victims’ Rights Act applies, but know that we also realize there are hundreds of other victims that, while affected in different ways, still feel the lasting impact of these crimes.
  2. We are frequently asked why the case itself and legal pleadings are frequently titled as “Maya McKinney” instead of “Alec McKinney.” While we are sensitive to and respect the complicated issues involved in a situation such as this, the juvenile has not yet sought or received an order authorizing a legal name change. Court proceedings are a formal and legal process. While we respect everyone’s rights, we will continue to utilize legal names as we would with any other defendant in a criminal matter. We will continue to file legal pleadings referencing the juvenile’s legal name until such an official change is sought and granted. During hearings, observers are likely to hear both “Maya” and “Alec” depending on the witness who is testifying.
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