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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/15/20010 • LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - October 15, 2001 1:00 p.m. Council Liaison: Ray Martinez 11 Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on Monday, October 15, 2001, in Municipal Court, Justice Center, 201 LaPorte. Judge Kathleen M. Lane presiding. Staff in attendance: Teresa Ablao, Assistant City Attorney Richard Johnson, Liquor Enforcement Officer Aimee Jensen, Deputy City©erk Agenda Review Deputy City Clerk Jensen stated there were no changes to the agenda. Consent Agenda The Consent Agenda is intended to expedite the meeting and allow the Authorityto spend its time and energyon the important items on a lengthyagenda. Items on the Consent Agenda are (1) routine items; and (2) those of no perceived controversy. Anyone may request that an item be "pulled" off the Consent Agenda and considered separately. Items pulled from the Consent Agenda will be considered separately immediately following adoption of the Consent Agenda. 1) Approval of Minutes from October 1, 2001 meeting, 2) Consideration of an Application from St. Joseph's Parent Teacher Organization, for a 3) November 10, 2001. Judge Lane adopted the Consent Agenda. 0 0 October 15, 2001 Registration of Andrea Egly as Manager of The Outback Steakhouse, 807 East Harmony, Approved Andrea, manager applicant, briefly described her duties as a general manager and the training she has received in the service of alcohol. She stated she has scheduled a training session with Liquor Enforcement Officer Richard Johnson. Ms. Egly stated she is on premise 40-50 hours per week. She stated patrons are carded at the table and at the bar. Ms. Eglystated she has the liquor code on premise. Judge Lane approved the registration of Andrea Eglyas Manager of The Outback Steakhouse, 807 East Harmony. Hearing on a New Application from Bo Lin, for a Beer and Wine License at China and Japan Restaurant, 902 West Drake, Suite # 1, Continued to November 5, 2001 Lin Bo, thru his interpreter, requested that his application for a beer and wine license be continued to November 5, 2001. Ron Forseth stated they are working on training a group of individuals to canvas the neighborhood that have a full command of English. Mr. Lin stated he will have an interpreter at the November 5, 2001 meeting. Mr. Forseth stated he will not attend November 5, 2001. Judge Lane approved the continuance for the hearing on a new application from Lin Bo, for a beer and wine license at Carina and Japan Restaurant, 902 West Drake, Suite # 1. Transfer of Ownership of The Colorado Grill, 1113 West Drake Road, from TNG Associates, to Multiple Ventures, LLC and, Trade Name Change to Abuelo's Cantina, Under Advisement David Dechant, representative for the applicant, stated he has never owned a liquor licensed establishment. He stated he has received training from the Thornton Police Department and was T.I.P.'s trained while employed in Estes Park. Mr. Dechant stated his landlord is aware of the patio. He stated they are open at 6:00 a.m. for breakfast. Mr. Dechant stated Paul Dechant will manage Abuelo's Cantina. He stated he has the liquor code on site. Mr. Dechant detailed his criminal history. Assistant City Attorney Ablao requested that statements marked as Exhibit A. Mr. Dechant stated he had no object to exhibit A. being entered as evidence. Ernie Tellez, Fort Collins Police Department, was sworn. He stated he received information regarding Mr. Dechant's criminal history. In response to questions from Assistant CityAttomeyAblao, Officer Tellez detailed the police reports regarding Mr. Dechant. Judge Lane requested that Mr. Dechant submit a copy of the veracity hearing deposition and documentation of his probation requirements by October 22, 2001. 2 October 15, 2001 Assistant Gty Attorney Ablao requested that Judge Lane deny the transfer of ownership based on his testimony, testimony from Officer Tellez, and documents submitted with respect to his character, record and reputation. Judge Lane stated she will take this matter under advisement and will render a decision after receipt and review of the veracityhearing deposition and documentation of Mr. Dechant's probation requirements. (Secretary's Note: See Attached for ruling) Registration of Paul Dechant as Manager of Abuelo's Cantina, 1113 West Drake Road, Under Advisement Paul Dechant, manager applicant, briefly described his background information. He stated he has not had any liquor code violations. Mr. Dechant stated he has passed several compliance checks by the Estes Park Police Department. He stated he has received T.I.P.'s training and has reviewed the liquor code. Mr. Dechant stated any employee found in violation of the liquor code will be terminated. He stated he has the liquor code on premise. Judge Lane stated the registration of Paul Dechant as manager of Abuelo's Cantina, 1113 West Drake Road has been taken under advisement pending the outcome of the transfer of ownership. The meeting adjourned at 2:34 p.m Adjournment N \ 6".4 Municipal judge' , • • BEFORE THE FORT COLLINS LIQUOR LICENSING AUTHORITY FORT COLLINS, COLORADO DENIAL OF TRANSFER OF OWNERSHIP APPLICATION This matter came on for consideration of a transfer of ownership application for the establishment now known as Abuelo's Cantina, 1113 West Drake Rd, on October 15, 2001. The proposed transferee, Multiple Ventures, LLC ("Transferee"), was present and represented by its owner and managing member, David A. Dechant. The City was represented by Teresa Ablao, Fort Collins Assistant City Attorney. Notice of consideration of the transfer application had been provided to the Transferee on August 30, 2001 and again on October 1, 2001, when the matter was postponed for two weeks. Findinas of Fact and Conclusion This decision is based upon the evidence, testimony and argument presented at the hearing as well as information requested by the Authority at the end of the hearing and provided by the City and the Transferee, including the Register of Actions for the criminal cases listed below and a portion of the transcript from the Veracity Hearing relating to the gambling case (the relevant portion being determined by and provided by the Transferee). The information provided after the hearing is attached hereto as Exhibits 1, 2 and 3, respectively. Based upon the above, the Authority hereby finds that: 1. David A. Dechant is the 100% owner and managing member of the Transferee. 2. David A. Dechant's character, record, and reputation are not satisfactory to the Authority based upon the following facts: a. Evidence that Mr. Dechant was convicted on 08/27/1999 of a violation of Section 18-10-105, C.R.S., Possession of a Gambling Device/Record, and sentenced to 24 months unsupervised probation, fines, costs and useful public service. (See Exhibits 1 and 2, attached) b. Evidence that Mr. Dechant was convicted on 02/16/2001 of a violation of Section 18-9-106(1)(c), Disorderly Conduct/Unreasonable Noise, and sentenced to 60 days jail, suspended on the condition that he remain law abiding and conduct of good behavior, and fines. A permanent restraining order was granted on 02/16/2001, requiring Mr. Dechant to have no contact with the victim except in Court. (See Exhibit 3, attached) c. The testimony of Mr. Dechant indicating a lack of acceptance of responsibility for his actions in either case, remorse relating to the incidents involved or rehabilitation following the convictions. 3. Mr. Dechant's criminal record, as stated above, is relevant to his qualifications to hold the requested Hotel and Restaurant liquor license in connection with his restaurant and operate it in accordance with the laws of this City and State. C� Therefore, based upon the above findings and Sections 12-47-303(1)(c) and 12-47- 307(1)(a)(VI), C.R.S., the Authority hereby denies the application for transfer of ownership. The Authority notes that this decision was made following a review of Section 24-5-101, C.R.S. Further, the temporary license issue to the Transferee on September 6, 2001 is hereby revoked, effective as of 5:00 P.M. October 26, 2001. Dated: October 25, 2001 Fort Collins Liquor Licensing Authority A�Ala^a _— Kathleen M. Lane Municipal Judge OCT-16-2001 TUE 10:02 AMfjTY ATTORNEYS OFFICE FAX NO. IW216327 P. 03 10/16/2001 09;12 97226 B BDFLENDER PAGE 02 1 N T E 0 R A T E D C 0 L O RA D O 0 N L I N B N E T W O R K (I C O N) Status: CLSD county Court, Weld County Case ps 1998 M 001685 Div/Room: B Types Gambling The People of Colorado ve DECHANT, DAVID A Case Pile Dates 6/17/1998 Case Close Date: 5/22/2001 Appealed: N Confidential Intermadiary............ . Bar # Name Judicial Off ... 1 015032 CAROL M MIER Alt Jud Officers 000000 Description Trial.. . Jury Trial Next 5chd Event: Last Schd Event: Hearing Last Rvent..... ; Closed After Post Judgment Attorney(s)..... Y Stat Date Time Rm/D VACT 9/15/1999 8330 A B 0800 VACT 6/18/2001 llt00 A B n/a 5/22/2001 Agc.ncyt GRPn Greeley Police Dept Agency Case #; Ticket/Summons Number(a): 27092 + Arrest. Warrant.........; Warrant Datet Expired Dates Party on Warrant: Change of Venue,t Agency: Bond(s)..................I N Sentence Date ............ t SORT 8/27/1999 Detention Location........ Supervising Agency ....... s Probation Officer........; ------ PARTIES ----- PARTY ROL STS NAME ATTORNEY ROL PTO I The people of Colorado DRY 1 DBCHANT, DAVID A CARNDY, CLIFTON J PRV Date of Birth...........: 07/26/1956 sex .....................: Male Race .. ................s Caucasian Home Phone ..............: (970) 346-9129 Height ................... 602 Weight. 290 Hair Color .............. Brown Rye Color ................ Hazel Home Address ............. 2931 17th Street GREELEY, CO 80631 CRT STS STATUTE NUMBER CHARGE DESCRIPTION CLASS I (D) 19-10-103(2) PROFESSIONAL GAMBLING Ml Offense Data: Front 05/17/1998 To: 05/17/1998 Time: 1200 PM BACs 000 Arrest Date.......; Timet Ticket #1 27092 Plei........ ...... ; Plea Not guilty Date: 07/22/1998 Disposition.......: Dism by DA Date; 09/27/1999 �r 2 ( f 18-10-105 POSS GAMBLINGDEVICE/RP,CORD: M2 OCT-16-2001 TUE 10:02 AM TY ATTORNEYS OFFICE FAX NO. 102216327 10/16/2001 09:12 97 7226 B BMCEFm P. 04 PAGE 03 CNT STS STATUTE NUMM CHARGE DESCRIPTION Offense Dates From: 05/17/1998 To: 05/17/1990 Time: 12:00 Arrest Date,,,.,,,: Times Ticket Ns 'Plea.. .',,.,: Plea - Nolo Contenders Date: Disposition., .: Guilty Date: SNT DATE 99NMWCE DESCRIPTION STATUS 08/27/i999 Sentence by Court Active Judicial officer .......... s CAROL M HALLER kROHATIOK-'UNSUPWVISRD..: 24.00 MISDEMEANOR FINE,.,........ $1,000.00 COURT COSTS....... ..... $18.00 COST OF PROCEEDIPGS....... 1 $69.00 VICTIM CC4PMSATION FUND. -, $60.00 VICTIM ASSISTANCE FUND .... 3 $370.00 COMMUNITY SERVICE.:.......: 48.00 TO CASHIER 3 (D) 18-10-107 GAMBLING PREMISES CLASS PM )SAC: .000 27092 08/27/1999 06/27/1999 MONTH (a)' HOURS) Offend- Date: From, 05/17/1998 To: 05/17/1998 Times 1200 Arrest Date.......: Times Ticket ((s Plea ..............: Plea Not Guilty Dates Di.apoottion....... I Diem by DA Date: FILE DATE EVENT, DESCRIPTION SCHD DATE TIME 06/17/1998 Summons and Complaint Filed 06/17/1996 Arraignment 07/27/1998 09:00 AM B Judicial Officer .... s CAROL M RAILER Length..............1 2.00 Hour($) Statua... ......I VACT - Vacated 07/22/1998 Entry of Appearance NOT GUILTY PLEA AND REQUEST FOR JURY TRIAL FILED BY CLIFTON CARNEY, JR. ATTY. 07/24/1998 Minute Order (no print) PRR PHONE SETTING W/ CLIFF CARNEY-CASE RESET FOR PTC ON ABOVE MENTIONS DATE 07/24/1998 Pre -Trial Conference 09/15/1499 01:30 PM B Judicial Officer....: CAROL M HALLER Length ............... 1.00 Hour(s) Status.., ......... CONT - Continued by Parties CalendarNote.......: STS/22/99 08/11/1996 Motion FOR DISCOVERY FILED BY ATTY (ORDER). 08/]3/1998 Motion TO SUPPRESS FILED, 09/15/1996, Minute Order (no print) DEF APPEARED W/ COUNSEL - DSF WAIVES SPEEDY TRIAL 30 DAY$ TO FILE MOTIONS CONFLICT WAIVED AS ATTY ALSO REPRESENTS CO-DEFIS 09/15/1998 Motion to Suppress Nearing 01/08/1999 01:30 PM B O'udieial officer....: CAROL M HALLER Length..............1 30.00 Minute(s) Status... ....... . VACT - Vacated Calendar Note.. .. ST3/13/99 09/15/1998 Pre -Trial Readiness Conferenca 02/05/1999 01:30 PM B Judicial Officer....: CAROL M HALLER Length ............... 1.00 Hourls) status ............... VACT - Vacated Calendar Note.......: TRIAL/READ 09/15/1998 Jury Trial 02/10/1999 08:30 AM 9 /OMC M3 PM BAC: .009 27092 07/22/1998 08/27/1999 ROOM /R.KS /RES QCT-16-2001 TUE 10:03 AMJJTY ATTORNEYS OFFICE FAX NO, 1�2216327 P, 05 18/16/2001 09:12 97 7226 a BOFLENDER PAGE 04 FILE DATE EVENT DESCRIPTION SCHD DATE TIME Judicial Officer....: CAROL M HALLER Length ..............: 1,00 Day(e) Status... ........ VACT - Vacated Calendar Note.......: ST3/15/99 10/21/1990 Motion IM CONT1=19 FILED BY ATTY (ORDER). 11/05/1998 Minute Order (no print) PER PHONE CONVERSATION W/ MR. CARNEY ON ABOVE MENTIONED DATE NOT NEED TO BE MET - THE DEFENSE COUNSELIS MOTION IS MOOT 12110/1§98 Subpoena 01/04/1999 Subpoena (4 SUBS) 01/07/1999 Subpoena 01/08/1999 Motion MOTION TO CONTINUED IS FILED BY THE DEFENSE O1/08/1999 Minute order (no print) PER PHONE. AND WRITTEN MOTIONS OF CLIFF CARNEY - TRIAL DATE, HRG DATE AND TRIAL READINESS DATES An RESET ALL DATES HAVE SEEN SET W/ MR, CARNEY VIA PHONE ON 1/8/99 SUPPRESSION HRG IS SST FOR 1/2 DAYS of/0e/1999 Motion to Suppress Hearing 04/01/1999 01330 PM Judicial Officer....I CAROL M HALLER Length..............1 3.30 Hour(s) Statue ............... HELD - Hearing Held Calendar Note.. ST 7/7/99 01/00/1999 Pre -Trial Readiness Conference 04/30/1999 01:30 PM B Judicial Officer....: CAROL M HALLER Length .............. 1 1.00 Hour(s) status .............. : VACT - Vacated Calendar Note........ TRIAL/READ 01/08/1999 Jury Trial 05/05/1999 08:30 AM B Judicial Officer....: CAROL M HALLER Length ............... 1.00 Day(d) Statue.. .......... VACT - Vacated Calendar Note........ ST 7/7/99 01/12/1999 Subpoena 01/20/1999 Subpoena 02/18/1999 Subpoena SUBPOENA W/OUT 9RRVICE ON THERESA M DOM1=EZ FILED. 02/19/1999 Subpoena SUBPOENA W/SERVICE ON EDWARD FRANCIS GALLOWAY FILED. 03'/18/1999 Motion VERIFIED MOTION FOR VERACITY HEARING (BY ATTY) FILED. AFFIDAVIT (FROM DAVID DECHANT) PILED. AFFIDAVIT (FROM LARRY NIC01)AI) FILED, 03/31/1999 Motion .rOR SPECIFIFICITY FILED. 04/06/1999 Minute Order (no print) /RRS - THIS CASE DOES /JMC SUPPRESSION B /RMS /JMC /JMC /YEB /YEE /Hoc /MA DEF APPEARED W/ COUNSEL - A14Y PITCH APPEARS FOR THE PEOPLE - THE DA RAISES ISSUES W/ THE COURT IN REGARDS TO THE DEFENSE'S MOTION FOR A VERACITITY HEARING - AFTER ARGUMENT FROM BOTH SIDES, THE COURT ALLOW THE VEMCITITY HEARING TO PROCEED - OFFICER KEITH OLSPN IS SNOW AND TESTIFIES OF THE MALDONj=19 IS SHOWN TO BE OCT-16-2001 TUE 10:03 AMITY ATTORNEYS OFFICE FAX NO. 1&2216321 P. 06 10/16/2001 09:12 9 7226 B 8 LENDER W PAGE 05 FILE DATE . EVENT DESCRIPTION SCHD DATE TIME ROOK `tRBDIABLS -.INFORMATION TO.=VEp BY CHRIS ByTO IQ VALx .- IN RCS TO TEE . CO'DEii - OFi"ICIR OLOW"'a, SX44M W/ poof Id toTaND VALID. COMT8, FnM TIM OMISIONa ARE NOT MATERM AND TO TO THE AFFIDAVIT A*'.�T1i�28,•�TBIILL T THE MOTION TO SUPPREB$ - . A 3-D]►YDEIfIEB SEpOBSTRATION ORDER TS ENTERED /JtdC PEOPLE'S EXHIBIT B,C,D;E,F,a G ARE OFFERED AND ADMITTED /JMC 04/05/1999 'Pre -Trial Readiness Conference 05/14/1999 01:45 PM S Judicial officer._ t CAROL M HALLER Length..............t 1.00 Hour(s) Status.. .......: HELD - Rearing Held Calendar Note..... .. TRIAL/READ 04/05/1999 Jury Trial 06/01/1999 08:30 AM 9 Judicial Officer. ... t CAROL M HALLER Length ..............: 1.00 Day(m) Status.. ........ CONT - Continued by Parties Calendar Note........ ST10-1-99 04/05/1999 Jury Trial 06/02/1999 00:30 AN S Judicial officer .... t CAROL M HALLER Length ............... 1.00 Day(s) Status ..............: CONT - Continued by Parties Calendar Note.......: ST10-1-00 04/05/1999 Jury Trial 06/03/2999 08130 AN B Judicial Officer....: CAROL M HALLER Length ..............: 1.00 Day(s) Status.. ...... . COW - Continued by Parties Calendar Note........ ST10-1-99 04/06/1999 Filing Other D$FSNDANTIS ENDORSEMENT OF WITNESSES FILED. /RKS 04/30/1999 Motion TO CONTINUE FILED BY ODA. (ORDER) /CLW 05/04/i999 Filing Other DEFIRNDAN'rIS RESPONSE TO PEOPLE'S NOTION FOR CONTINUANCE FILED BY ATTY FOR DEF 05/14/1999 Minute Order (no print) D$4S MOTION TO CONTINUE IS MANTED. CASE IS RESET FOR A 3 DAY JURY TRIAL AND TRIAL READINESS. /PAS 05/14/1999 Filing Other DBFENDANT'S SUPPLEMENTAL ENDORSSMBNT OF WITNESSES (BY ATTY) FILED. /SEC 05/14/1999 Jury Trial 09/13/1999 08:30 AN B Judicial officer....: CAROL M NA74LBI Length ............... 1.00 Day(s) Statue... .. .......: VACT - Vacated Calendar Note ....... t OT10-1-99 05/14/1999 Jury Trial 09/14/1999 08:30 AM B Judicial officer....: CAROL M HALLER Length ... ........... : 1.00 Day(s) Status . ............I VACT - Vacated Calendar Note.......: ST10-1-99 05/14/1999 Jury Trial 09/15/1999 09:30 AM 9 Judicial officer....: CAROL K HALLER Length.,... ......... 1 1.00 Day(s) Status.. ........ VACT - Vacated Calendar Note.......: ST10-1-09 05/14/1999 Pre -Trial Readiness Conference 08/27/1999 04:00 PM B OCT-16-2001 TUE 10:04 At TY ATTORNEYS OFFICE FAX NO. 11§2216327 P. 07 10/16/?001 99:12 97 7226 B BOFLENDER ! PAGE 06 FILE DATE EVENT DESCRIPTION SCHD DATE TIME ROOM Judicial Officer—.: CAROL M HALLER Length ............... 1.00 Hour(s) status. ............... DSPO - Disposition Reached 00/27/1.999 Cane Closed 09/27/1999 Minute Order (no print) DRY N/ COUNSEL - DEF P/Q AS AMENDED 4 SENTENCND - TERMS OF PROBATION FILET) DAIS MOTION FILED - /JMC iCN�fJx1dqoq OrPR6PUTY FXLRD BY ATTY (ORDER). /TES 06/13/2000 'order WRITTEN ORDER DIRECTING THE DISTRICT ATTORNEY TO RESPOND WITHIN 30 PAYS EITHER OBJECTING OR CONFESSXNG THE DEFENDANT'S MOTION FOR RETURN OF PROPERTY ENTERED 06/26/2000 Response TO DRIFENSE COUNSEL'S MOTION FOR RETURN OF PROPERTY FILED BY DDA. /RKS 07%06Jz000 Order b , .O$(7!{�i 41%(71N1SNG ME � 8 FOR RERETURN OF PROPERTY WITH THE EXCEPTION OF THN Owdl iiNd" MAC'EIINEB ERE' RED. /PAS 07/19/2000 Motion REQUESTING CLARIFICATION OF COURT'S ORDER FILED BY DDA (ORDER). /RK9 07/20/2000 Order WRITTEN ORDER SETTING MATTER FOR A BRIEF HBRING ON THE ISSUE OF MONEY ENTERED. /PAS 07/26/2000 Reopen for Post Judgment 07/26/2000 Hearing 10/09/20()0 04:00 PM B Judicial officer....: CAROL M HALLER Length ..............: 30.00 Minuta(s) Statue..............i VACT - Vacated 09/29/2000 Motion MOTION TV CONTINUE FILED BY CLIFTON J CARM, JR. JEAN 10/02/2000 order WRITTEN ORDER GRANTING DEFENDANT'S MOTION TO CONTINUE HEARING DUE TO A CONFLICT WITH THE ATTORNEY'S CALENDAR ENTERED. /PAS 10/,05/2000 Minute Order (print) PER ORAL SETTING WITH CLIFF CARNEY, ATTORNEY FOR THE DEFENDANT, THE HEARING SCHEDULED FOR 10*5-00 AT 4.00 PM IS HEREBY RESET TO 11-20-00 AT 3:30 PM. ALL PARTIES ARE TO BE PRESENT AND THE ATTORNEY IS TO NOTIFY HIS CLIENT. COPY OF THIS MINUTE ORDER AND DEFENDANT'S MOTION TO DA, /PAS 10/06/2000 Hearing 11/20/2000 03.30 PM B Judicial Officer....: CAROL M HALLER Length ............... 1.00 Hour(e) Statue.. ..... HELD - Hearing Held 11/,20/2000 Minute Order (no print) COURT STI POSED SY PARTIES DA TO NOTIFY THE GPD BY 12- - AT SPM. ALL OTHER MONI8i1 I /PAS 1�/20/2000 Closed After Past Judgment' il/20/2000 Piling Other STIPULATION FILED. /PAS 02/01/2001 Motion MOTION FOR ENFORCEMENT OF ORDER. REQUEST FOR SETTING. /RAN 02/12/2001 Review 02/22/2001 07:00 AM B Judicial Officer....: CAROL M HALLER Length ......... ....: 1.00 Hour(®) Status ..............: HELD - Hearing Held 02/22/2001 Minute Order (no print) OCT-16-2001 TUE 10:05 TY ATTORNEYS OFFICE FAX N0, JW2216327 P, 08 '10/16J20e1 05:12 c37mW67226 B BOFLENDER PAGE e7 FILE DATE EVENT DESCRIPTION $CKD DATE TIME ROOM THE COURT HAVING RECHIM NO ADDITIONAL PLEADINGS OR MOTIONS TAKES NO FARTHER ACTION AT THIS TIME AND Da114S THE CASE TO BE CLOSED. 02/27/2001 Motion REQUEST FOR HEARING FILED BY CLIFTON CARNBY, PVT ATTHY 02/27/2001 Order WRITTEN ORDER GRANTING DEFENDANT'S RBODBST FOR HSARINC ENTERED, 03/02/2001 Reopen for Poet Judgment 03/02/2001 Notice (Print) DEF/ DECHANT, DAVID A 03/02/2001 Hearing 04/27/2001 11t00 AN B Judicial officer .... t CAROL M HALLER Length..............1 30.00 minute(s) Status ........ .....i HCNT - Held and Continued 04/271/2002 Hearing 06/18/2001 11200 AN 0 Judicial Officer....: CAROL M HALLER Length ..............: 30.00 Minute(m) Status.. VACT - Vacated 04/27/2001 Minute Order (no print) DEFENDANT APPEARED WITH CLIFF CARNEY, ATTORNEY. ROBERT WIEST APPEARED ON DRI4ALF OF THE PEOPLE. PER STIPULATION OF PARIPT4R'e $20013 WILL• E RXIM /PAS /KA0 /PAS nn*+ �"'__ �!R gh&lt TO BE BET FOR BRIEF HEARING MR. CARNBY TO PREPARB TON. /PAS 05/17/2001 Stipulation AMENDED STIPULATION FILED BY DDA 05/22/2001 order WRITTEN ORDER APPRO Te_ AMEN=- 6-ia-01 ENTBR$D. Can_FILE FOR T 05/22/2001 Closed After Poo—t--Ju End 0£ Caset 1999 M 001605 DATE OF /KAG /PAS OCT-23-01 TUE 08:59 Cjj CLERK FAX NO. 970,66295 P. 01 /20 I DISTRICT COURT, WELD COUNTY, COLORADO Case Nos. 1998-M-1684 and 1998-M-1685 REPORTER'S TRANSCRIPT OF TESTIMONY PEOPLE OF THE STATE OF COLORADO, Plaintiff, Vs. DAVID DECHANT and RICHARD DECHANT, Defendants. April 11 1999 This matter came on for Hearing or. Motions before the Honorable Carol Haller on the 1st day of April, 1999, in the County Court of The 19th ,judicial District, Greeley, Colorado. APPEARANCES: ANY PITCH, ESQ. Office of the District Attorney 915 - 10th.Street Greeley, Colorado 806n1 Appearing on behalf of Plaintiff. CLIFTON CARNEY, ESQ. 1655 Walnut Stroot, Suita 100 Boulder, Colorado 80302 Appearing on behalf of Defendants. BLANI)O Reporting & N ideo Service. J— Registered Professional Rsportsre 1401 Watiot StreeL Soo, 203. Boulder• Colorado 60302 • (303) 443-0433. Feu (303) 443-&%5 C(D ; � 1 to OCT-23-01 TUE 08: 59 06 CLERK FAX NO. 91066295 P. 02/20 53 1 the past, so I told her to verify that, number one, 2 harry Nicolai is supplying the machines, and that there 3 are more machines out there, I asked her to have Larry 4 Nicolai move a second machine into her business, which 5 he did. 6 US. FITCH: Okay. I have nothing further. 7 THE COURT: Cross^examination, Mr. Carney? $ MR. CARNEY: Yea, Your Honor. g CROSS-EXAMINATION 10 9Y MR..CARNEY: 11 Q I wars unable to follow, Officer Olson, 12. when you talked about the tapes, but let me just do 13 this. First, let me ask you what you meant when you 14 said that Edwina Maldonado admitted taking part in the 15 gambling operation, but that is not a criminal act. 16 what did you mean when you said that? 17 A She was, as far as is Ms. FITCH: I'm going to object. That 19 wasn't the statement. I believe it was Teresa and 20 Aguida Paz had admitted to gambling, that that was not 21 a criminal act. 22 THE COURT: which one do you want to ask 23 about? 24 MR. CARNEY: Edwina, 25 THE COURT: Did you ever say Edwina BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:00 16 CLERK FAX NO. 970,66295 P.03/20 54 1 Maldonado had no criminal history because gambling 2 isn't a crime? 3 THE WITNESS: No, ma'am. 4 Q (By Mr. Carney) So Edwina Maldonado is an 5 admitted criminal; is that correct? 6 A Yes, sir. 7 Q How long did this investigation take? 8 A Approximately five months. 9 0 okay. During that five -month period, you 10 obtained no less than 20 tapes, tape -recordings of the it conversations; is that correct? 12 A That's right. 13 Q And seven videotapes. 14 A That's probably correct. 1s Q How many videotapes showed -anyone being 16 paid money in thoaQ establishments? 17 MS. FITCH: Your Honor, I'm going to 18 object, because this is a motion for veracity hearing, 19 so it is not to criticize whether he did a sufficient 20 investigation, but whether he omitted a fact or lied. 21 THE COURT: or omitted a matcrial.fact. 22 MS. FITCH: I don't think that goes to 23 either of those issues. 24 MR. CARNEY: Corroboration is important and 25 they had the access and ability to corroborate what BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:00 Cj6 CLERK FAX NO. 970,66295 F. 04/20 55 1 these various people said. 1 won't be long on this. 2 THE COURT: Where is this in your motion to 3 attack the affidavit? 4 MR. CARNEY. Nowhere, but referred to by S counsel on several ocCasionc about tapes, and I think 6 it's important to note -- let me make an offer of 7 proof. s I don't believe that any of the statements 9 made by any of the people in this affidavit were 10 corroborated by tapes or videos, and I think that's 11 important in this case, that is, to any payout being 12 made. 13 THE COURTt As it relates to payouts being 14 made. So in other words, Joe Snow, who won on the Is machine the day before, there is not a tape of Joe Snow 16 getting paid by Edwina Maldonado. 17 Do you want to stipulate to that? is Ms. PITCH: I don't think it's relovant. 19 Number one, I don't think that's true. There were 20 statements David Dechant made on cassette tape, audio 21 tape, that he understood there were payouts. But the 22 other thing, it's not relevant. 23 This is a motion to see it he omitted a 24 material fact or if he lied in this affidavit, and 25 whether or not Mr. Carney thinks that he did an BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:00 06 CLERK FAX NO. 970,66295 P,05/20 56 1 adequate investigation is irrelevant. I mean, that's 2 not the issue hero before the court, -is not whether 3 there were other things he could have done or should 4 have done. 5 MR. CARNEY! He was willing to accept 6 statements from people, had the capacity and the 7 ability to verify those, independent of their 8 statements. I mean, yeah, Edwina Maldonado confirmed 9 what Harry Steward said, and Harry confirmed what 10 Edwina said, and what the police department found out 11 would confirm it. 12 TIIE COURT: Sustained. 1s Q (By Mr. Carney) Do you have any statements 14 or any tape -recordings wherein David Dechant admitted 15 making any payout? 16 MS. PITCH: Your Honor, I'm going, to 17 object. I'm going to ask him to direct hip questions is to the statements in the affidavit, because that's what 19 we are here to look at, not to anything else that 20 exirstod, but the statements in the affidavit. 21 And I went through corroboration on Harry 22 Steward, because he is challenging Harry steward's 23 veracity, and that's where T went with the 24 corroboration, but I limited it to what appeared in the 25 affidavit, and that's what we are here for. RId�NDO REPORTING A VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:01 C jj CLERK FAX NO. 970IW295 t7 1 THE COURT: I agree with that, Mr. Carney. 2 You had the opportunity to bring to the Court's 3 attention which statements you are attacking and which 4 omissions you believe were relevant, like omissions 5 of criminal histories and omissions of prior 6 relationships. This is not a free-for-all. 7 MR. CARNEY: I will certainly be bound by 8 the court's ruling, but it this was a motion to 9 suppress, I would certainly be permitted to ask what 10 kind of corroboration there was of the various -- of it the information he received from these informants, 12 wouldn't I? 13 THE COURT: First of all, it's not 14 addressed in your affidavit, and second, it's not 15 relevant. Whether or not he has Mr. Dechant, on tape, 16 admitting to a crime is not relevant to whether the 17 search warrant was properly authorized. is MR. CARNEY: Yes, ma'am. 19 Q (By Mr. Carney) Thq codes which you 20 received from Christine Betz -- Christine Betz doesn't 21 work for David Dechant, does she? 22 A That's correct. 23 Q You didn't obtain David Dechant's 24• permission to plug those codes into his machine, did 25 you? BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 P. 06/20 OCT-23-01 TUE 09:01 16 CLERK FAX NO. 97W295 5s 1 A That's correct. 2 Q As a matter of fact, .the way you plugged 3 those codes in the machine, you utilized the same parts 4 of the machine that a person playing poker would, but 5 you don't do it the same way, do you? 6 A No, it's a different saguanco. 7 Q Prior to -- you were the person who issued 8 the affidavit for the arrest warrant of David Dechant 9 with respect to the felony menacing charges; isn't that 10 correct? it A No, sir. 12 Q You were not? 13 MR. CARNEY; May I see the exhibits? 14 (Mr. Carney examined exhibits) 15 Q (By Mr. Carney) okay. You approved the 16 affidavit in support of a warrant.for David Dechant 17 with respect to the felony menacing charges? 18 A well, I would not even say I approved it. 19 What I did was I notarized it. That's a notary. Each 20 of the affidavits, at the end of the night, is 21 notarized by the patrol supervisor. That Was me. 22 Q What's "Raport approved by Keith Olson" 23 then? 24 THE COURT: What exhibit are you looking 25 at? HLANDO REPORTING & VIDEO SERVICE (303) 443-0433 P, 07/20 OCT-23-01 TUE 09:01 116 CLERK FAX NO. 977f6295 P. 08/20 59 1 A Okay, that was -- 2 MR. CARNEY: The judge wants to know the 3 exhibit number. 4 THE WITNESS: C. 5 THE COURT: Okay. 6 Q (By Mr. Carney) What's "Report approved 7 by Keith Olson" mean? 8 A That means that I checked it for typos, so 9 it could be sent to the DA's office. Again, that's my 10 job as patrol supervisor. 11 Q All right. You said that, in your opinion, 12 what David Dechant was accused of doing could easily 13 have happened. 14 Did you conduct an investigation to see how 15 long it would have taken him to go from heather's 16 apartment down into the basement of the Music Depot, 17 use the security system, go through the security 18 system, go up into the Music Depot, go to where the gun 19 was, go all the way back down, point it at Harry 20 Steward, and then take it back, and then go back to his 21 daughter's apartment and get her and take her home? 22 MS. FITCH: I'm going to object because, 23 again, I think we are getting into other things, other 24 side issues. I mean, the issue is, did he say 25 something dishonest? BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:02 C CLERK FAX NO. 9766295 P.09/20 6o 1 THE COURT: Overruled. He testified to 2 that on direct examination, that he went through and it 3 was physically possible to do what was claimed, so T 4 will overrule that objection. g Q (By Mr. Carney) How long would all that 6 take? 7 A Well, probably five minutes. a Q Probably? 9 A Uh-huh. 10 Q Ten? 11 A Probably five minutes. 12 Q Did you interview Heather to find out how 13 long her father was gone when he left her room and came 14 back? 15 A I didn't interview any of the witnesses. 16 The only person I spoke to was Harry Steward, and that 17 was well after the sehrch warrant 18 Q The only person you spoke to waa Harry 19 Steward, so you don't know whether this could have 20 happened or not, do you'. 21 A. I was on scene and I could see it's 22 physically possible for that to occur: It's all the 23 same building. 24 0 Physically possible.for it to occur, but 25 not in two minutes, right? DLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:02 1 6 CLERK FAX NO, 97WB295 P.10/20 61 1 MS. FITCH: Objection, Your Honor. And I'm 2 going to object because two minutes is a fact not in 3 evidence. 4 MR. CARNEY: I will withdraw the question. 5 Q (By Mr. Carney) You told.this court that 6 you didn't believe that it was pertinent to tell the 7 Court that you had previously been involved in an arson a case with Mr. Dechant because that might have been 9 projudicial. 10 Isn't that what you told the Court here 11 todayi 12 A I said -- it was twofold. You ran those 13 together. One, I said it wasn't pertinent. Two, I 14 mean, if I did include that, you would be arguing that i5 I was trying to prejudice the Court. So that was two 16 different statements. 17 Q Yet on the front page of your a?fi.davit, is you tell the Court about a menacing case. You don't 19 think that might be prejudicial and you don't think 20 that might be unpertinent to this, just as unpertinent 21 as the arson case? 22 MS. FITCH- I'm going to object. I think 23 that's irrelevant to the issue. 24 THE COURT: sustained. 25 Q (By Mr. Carney) You were personally sued BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:02 C CLERK FAX NO. 9766295 P,11/20 61 1 by David Dechant in the past, were you not? 2 A I was named in a lawsuit, that's Correct. 3 Q Is that something that bothers you? 4 A No. 5 Q Okay. Does it bother you that he was 6 acquitted of the charges which you filed against him? 7 A Bother me in what way? I mean, certainly, a if he was acquitted because of a shoddy investigation, 9 sure. If he was acquitted because he didn't do it, 10 then I think the system worked. 11 Q Does it bother you that no charges of 12 felony nenacing were filed against him in a case that 13 you were involved in? 14 A No. As a matter of fact, we had a 15 discussion over that same issue, on whether those 16 charges should be brought when Harry Steward returned 17 to the state. 1g Q so Harry Steward gets to decide whether he 19 comes and whether he goes, and that is -- 20 Ms. FITCH: I'm going to object. This is 21 argumentative. 22 THE COURT: sustained. L 23 Q (Hy Mr. Carney) is having a video poker 7� 24 machine in a laundromat ununlawful? 25 A No, sir. BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:03 C CLERK FAX NO. 9766295 P.12/20 r 63 1 0 So there is nothing in here unlawful about 2 them at all. The information -- strike that. 3 You received a significant amount Of 4 information from the Maldonados as to how people were 5 paid off for the, quote, unquote, gambling; is that 6 correct? 7 A Correct. g Q Who paid them? -------- 9 A V 7 The Maldonados. 10 Q Okay. 11 A Maldonado and Luis Garcia. 12 Q Do people who own businesses generally go 13 to the bank with money? 14 A Yes. 15 Q They generally carry them in money bags? 16 A Yes, sir. 17 Q And following Mr. Dechant to the Paragon is or to a bank could very easily be an observation of 19 innoaant activity, would you agree? 20 Ms. FITCH: I'm going to object, because I 21 don't think that's the issue. It's whether he lied or 22 omitted a material fact. 23 THE COURT: Offer of PrOof, please. 24 MR. CARNEY: Because it was offered 25 through the prosecution -- otherwise, I wouldn't have SLANDO RESORTING & VIDEO SERVICE (303) 442--0433 OCT-23-01 TUE 09:03 1 6 CLERK FAX NO. 970,66295 P.13/20 6g 1 brought it up -- as corroborating information that was 2 provided. My belief is that, if someone provides 3 information and all they are talking about is an 4 innocent activity, it's not really material to an 5 affidavit. 6 THE COURT., Then you can argue that in 7 closing.. a MR. CARNEY! Yes, Your Honor. g Q (By Mr. Carney) The Maldonados -- or 10 excuse me -- Edwina protested she did not take money 11 from Mr. Dechant, and yet was willing to pay him the 12 money back; is that correct? 13 A She wasn't going to pay him back. That 14 was -- her willingness to pay him back was based on 1s what I was asking her to do. I furnished the $500, and 16 she was to continuo this ruse of his getting his money 17 back by him withholding her pay. 18 Q Except your police reports clearly indicate 14 Mr. Dechant continued to take money from her, quote, 20 unquote, earnings until the full thousand was paid, 21 don't they? 22 A That's correct. 23 Q Do most people allow people to take money 24 from them that they don't owe? 25 MS. FITCH' Objection. It's speculative. BLANDO REPOkrfING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:03 116 CLERK FAX NO. 9766295 P.14/20 65 1 THE COURT: Overruled. Go ahead. 2 A Thorc's two separate instances here. I'm 3 not sure which one you want me to answer. 4 One, are you talking after she began s working for the police department in this 6 investigation, or before, where he was withholding 7 money for money he said that she owed? 8 Q (By Mr. Carney) Okay. So let's begin 9 With that. when did she start working for the police 10 department? 11 A On February 11 of 1998. 12 R All right. so from that point on, was 13 that, the fact she was working with the police 14 department, disclosed to Mr. Dechant? is THE COURT: Obviously not. Go ahead. 16 Q. (By Mr. Carney) Did the information she 17 provided -- did all the information she provided you, 1s in terms of these pieces of evidence and so on, occur 19 after that? 20 A Yes, sir. 21 Q Those police reports that you have, 22 pertaining to the menacing, clearly indicate that 23 Heather Dechant said that Harry Steward was bothering 24 her, making a lot of noise, and that Mr. Dechant came 23 to her apartment and remained there to verify what she BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:04 Co CLERK FAX NO. 970f6295 P. 15/20 W l said was true. Isn't that correct? 2 A That's what the reports say, yes. 3 Q You approved that report, too, didn't you? 4 A Yes, sir. 5 Q Prior to yesterday, did you conduct any 6 investigation as to Harry Steward's background? 7 A No, sir. S Q These reports also -- strike that. You did 9 that. 10 Poker machines used in a lawful manner are 11 generally to produce income; is that correct? 12 A Yes, sir. 13 Q so people who own the poker machines go 14 there and take money from them and take them to their 15 banks, and perhaps their home or whatever. 16 A Yes. 17 MS. FITCH: I'm going to object to the is relevance of that to this motion. 19 THE COURT: Overruled. 20 A Yes, sir. 21 Q (By Mr. Carney) And these poker machines 22 were also in a laundromat which generates money, too. 23 A Yea, Sir. 24 Q You received no information from Christine 25 Betz which indicated that she had -- at least there is SLANDO REPORVING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:04 C CLERK FAX NO. 97066295 P,16/20 67 1 nothing in your affidavit which indicates Christine 2 Betz knows anything about David Dechant's involvement 3 in any illegal activity; is that right? 4 Ms. FITCH: I will object. If it's not in 5 the affidavit, it'e not a subject we are here to talk 6 about today. 7 The issue is whether the affidavit is 8 sufficient, and if he wants to attack something he said 9 in here as being misleading or untruthful or a material 10 fact that's omitted, that's fine, but he is again going 11 off on tangents about other things that people didn't 12 say. That's irrelevant to this. 13 THE COURT: Sustained. 14 MR. CARNEY: To the extent that Christine 15 Beta takes up two pages of affidavit, and none of that 15 pertains to Mr. Dechant, is that still the court's 17 ruling? is THE COURT: I believe the information that 19 she talks about is mostly about -Larry Nicolai. 20 MR. CARNEY: I just wanted to make that 21 clear. 22 THE COURT: Okay. I read it. The only 23 thing, Mr. Nicolai and Mr. Dechant were seen together 24 moving a machine, and that's what Ms. Betz talks 25 about. BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:04 C CLERK FAX N0, 9766295 6a 1 MR. CARNEY: Okay. 2 THE COURT: I should say, and the use of 3 the codes. 4 MR- CARNEY: Yes. That's important. S 4 (By Mr. Carney) Now, Mr. Steward indicated 6 to you that he had been menaced by David Dechant. 7 A Yes, sir. 8 Q And that he was afraid of Mr. Dechant. 9 A Yes, air. 10 Q Does that indicate to you he might have 11 some bias, in terms of giving you information about 12 Mr. Dechant? 13 A Oh, I think that there's probably come 14 motivation there, certainly. 15 MR. FITCH: Your Honor, I'm going to object 16 because the fact that Mr. Steward claimed he was 17 menaced by him was included in the affidavit, so I is don't see how that's omitting a material fact, 19 4 (By Mr. Carney) with respect to the 20 anonymous informants you refer to in the affidavit, the 21 confidential informants, both of those people admitted 22 being involved in illegal gambling; is that correct? 23 A Yes, sir. 24 MR. CARNEY: If I may just have a moment, 25 Your Honor, BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 P. 17/20 OCT-23-01 TUE 09:05 116 CLERK FAX NO. 97066295 P. 18/20 1 THE COURT: Yes. 2 MR. CARNEY: I am trying to go fast. 3 THE COURT: That's fine. 4 Q (By Mr. Carney) In your police report, 5 it indicates Maldonado and and Luis advised they 6 weren't receiving pay from David Dechant, and in point 7 of fact, they werel isn't that true? g A Are you not taking that sentence 9 completely out of context? 10 Q Well, explain how. it A I would have to see the report, but that 12 isn't a characterization of the way I understand this 13 was occurring. They were receiving $350 a week. 14 However, at times, that money was withheld from them, 15 as David Dechant was saying that the till was short. 16 So -- 17 Q And yet they kept working there. 18 A Certainly. 19 0 In a number of places, there is indication 20 that people won money. 21 A Yes, sir. 22 Q Anything in your affidavit to indicate that 23 anybody who ever won money came forward so that they 24 are named somewhere in this affidavit? 25 MS. FITCH: Your Honor, I'm going to BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:05 116 CLERK FAX NO. 97066295 P.19/20 79 1 object. 2 I mean, again, if he wants to ask him about 3 something in the affidavit or a material fact that's 4 omitted -- 5 MR. CARNEY: Question withdrawn. 6 I Will only be another moment, Your Honor. 7 THE COURT: That's Pine. a MR. CARNEY: May I now have a moment? 9 THE COURT: Yes.. 10 (Mr. Carney conferred with the Dechants) 11 MR. CARNEY: I have nothing further. 12 THE COURT: Redirect? 13 MS. FITCH: I don't. 14 THE COURT: Mr. Olson, you may step down. 15 Any other witnesses, Ms. Fitch? 16 MS. FITCH: No, Your Honor, I don't have 17 any other witnesses. Is THE COURT: Mr. Carney? 19 MR. CARNEY; No witnesses. 20 (Conclusion of testimony) 21 22 23 24 25 BLANDO REPORTING & VIDEO SERVICE (303) 443-0433 OCT-23-01 TUE 09:05 016 CLERK FAX NO. 970j6295 P.20/20 71 1 STATE OF CCLDR-AD;!) ss. REPORTER'S CZRTIFICATE 2 COCY„f OF [VELD 7 4 !, Barbara aillinga, do hereby certify 5 thtt I at a Ragistered Diplcmate Reporter, C.artificd 6 3hortt:a:d Reperte_, and Notary Public within the State 7 of CoLorado. a 1 further certify that this proceeding was 9 taken in shorthand by me at tte t'_me and plats herein 30 set !nrth and was thereafter raduced to typewritten Il farm, sr_d tile': the foregoing :Orztltute6 a trus and is correct t_arscript_ 13 fl:rthar ca_tifV tnat I a -.a not related to, 14 empioyea by, ner of counsel for any of the parties or attorneyx herein, nor otherwise interested jr. the 16 result of the wicrin action. 17 In wi mess whereof, I have affixed my 18 signn=uro th±s 13th day n: Apri':, 1999. 19 �R it �!•f."'---, 1 �43 Barbara Billings, .CSR ;�-� P,agistered Diploniate Reporter 22 EL:,NDC. REF07TINa 6 v?DEO SERVICE (303) 44J-0431 OCT-19-2001 FRI 11:57 AM TY ATTORNEYS OFFICE FAX NO, 107Q2216327 P. 02 G'' k A i E' L U L 0 r: A 0 J 0 N L f N- Iu $ '1' W O it K ( I C G N) Status: RSTD CLSD PROG Combined Court, Larimer County j c6se #: 2000 M 201568 Div/Room: 1 Type: Harassment The People of Colorado vs DECHANT, DAVID ALLEN Case File Date: 10/25/2000 Case Close Date: 2/16/2001 Appealed: N Confidential Intermediary,......., Bar # Name .judicial Off...: 000370 JOHN EDWARD KOCHENBURGER AIL Jud Officer: 000000 Description Stat Date Time Rm/D Trial....., 0:00 Next Schd Event: Review 2/28/2002 8:30 A 1 Last Schd Event: Pre -Trial Conference DSPO 2/16/2001 9:45 A 1 Last Event,....: Perm Restraining Order Grant n/a 2/16/2001 Attorney(s) .... : N Agency: EPPD Estes Park Police Dept Ticket/Summons Number(s): 2312 Warrant........,. Warrant Date: Party on Warrant: Change of venue.: Agency: Bond(s)................... N Sentence Date ............: SCRT 2/16/2001 Detention Location.......: Supervising Agency.......: Probation Officer.......,: Agency Case #: 00-07-1811 + Arrest#: Expired Date: ----- ----- PARTY ROL STS NAME PARTIfiS ATTORNEY PTP 1 The People of Colorado D3F 1 RST DECHANT, DAVID ALLEN Drivers License........,: 920545435 CO Date of Birth.....,.....: 07/26/1956 Sex ...................... Male Race ....................: Caucasian Height ..................: 602 Weight. 290 Hair Color ..............: Brown Eye Color.. ,--- Hazel Home Address ............ 1550 SPUR LN POB 1320 ESTES PARK, CO 80517 ---- OTHER PEOPLE ----- ROL ROLE NAME IMP 1 PRA LUEDTKE, RONALD CNT STS STATUTE NUMBER CHARGE DESCRIPTION CLASS 1. ( ) r18-9-306(1)(c) Disorderly Conduct: Unreasonable Noise Pal Offense Date: From: 10/11/2000 To: Time: BAC: .000 Arre,it Date.......: Time: Ticket #: 2312 ,.NT-19-2001 FRI 11:67 AM,TY ATTORNEYS OFFICE FAX NO. 107n2218327 vl a,b 'i1 ;UI'Fi �U it CHARGE DEISCRLP'i'IOtJ Plea ..............: Plea - Nolo Contenders Disposition.......: Guilty 1 (A) 1$-9-111(1)(b) HARASSMENT -OBSCENE 06d`\ 0 fenSe Date: From; 10/11/2000 To; 0; ArrIV/est Date.......; Time: SNT DATE SENTENCE DESCRIPTION 02/16/2001 Sentence by Court Judicial Officer.... MISDEMEANOR FINE,.,. MISDEMEANOR FINE_. JAIL P. 03 CLAS8 02/16/2001 02/16/2001 M3 BAC: .000 2312 STATUS Active JOHN EDWARD KOCHENBURGER $25.00 •• $25,00 -00 AY CONDITIONS OF SUSP: REMAIN LAW ABIDING & CONDUCT OF GOOD6BEHAVIOR(SNCO W/ RONALD LUEDTKE EXCEPT IN COURT. FILE DATE EVENT DESCRIPTION SCHD DATE TIME ROOM 10/25/2000 Summons and Complaint Filed 10/25/2000 Arraignment 12/14/2000 10:00 AM 1A Judicial Officer....: JANET LOTS RODRIQUEZ Length ..............: 1.00 Hour(s) Stat-us.............. ; HELD - Hearing Held 12/20/2000 Pre -Trial Conference 02/16/2001 09:45 AM 1 Judicial Officer....: JOHN EDWARD KOCHENBURGER Length ..............: 1.00 Hour(B) Status ..............: DSPO - Disposition Reached (T768.4917.) DEF PRES, DDA JM PRES BY MOTN. 02/16/2001 Review 02/28/2002 08;30 AM 1 Judicial Officer....; JOHN EDWARD KOCHENBURGER Length ..............; 1.00 Hour(B) Calendar Note.......; PROG EXP 02/16/2001 Case Closed 02/1.6/2001 Perm Restraining Order Granted _'f bEF/RSTTDECANT, DAVID ALLEN (SR£. Doq-` .) IMP/PRA LUEDTKE, RONALD MRO, NO CONTACT ORDER EXCEPT IN COURT End of Case: 2000 M 201568 Date: Date; WORDS/GESTURE Time: Ticket R: SP SP /SML /SML /SML people of the State of Colorado vs. DAVID ALLEN DECEANT Dcfcmdmit COUNTY COURT OOM201568 Case Number -L VELAND LOVELAND Division rrraur R. PLEA FINDING tfy FINE aratvury —�-----r--�.— — Domrstic Violence F.nlrnneer (Chock if applicable) Q ❑Blood Alcohol Content Costs shall be assessed pursuant to Statute in addition to any fine. t� OTHF,R PENAL TIFS: ❑ Presen n hvalualton Sentencing Date C Q Ja1h rdayshnonths. Suspended days/months. Credit for time served _ days. C JjRf f .0 Ralance to be served is _ days/months. the court sentences the defendant to jail, the foll SQ f @rj� , fine Permitted if the rules of the Detention Ceniq are followed: D Straight Time Q Workender n"�iew 4, ❑ Midwkno must report to the (Der entiDetention with U Defendant Intervention) on ❑ Community Service hours to be completell�,witlun _ days from today. Call (970) 498-5280 within 3 days from today. G Supervlalon (days/months/years). Defendant must pay all fees required by the agency ❑ Alcohol - 315 West Oak, 6th Floor. Call (970) 498-5800 within 3 days for an appointment. Q Probation Department - 201 LaPorte, Smite 116. Call (970) 498-3800 within 3 days for an appointment. If this matter involves Domestic Violence, Call (970) 498-5800. Q Intervention. Immediately call (970)593-1099orgoto739NonhClovelarALoveland. ❑ Alcohol/Drug Evaluollonrilrealmerit ❑ Victim Impact Pang"1 U Deferred Sentence/Judgment days/montha/years. Review dace at M ❑ Unsupervised Probation for (days/months/years) from today. U Alive 0 25 or ❑ School to be completed by: ❑ Domestic Violence Evaluationllhatment Ile Ll The defendant shall have NO CONTACT (either director indirect) with leeetotlaF U Complete program by Q Restitution U Other 769 . �giz Inds agis a ate Tape Number 1 have received a copy, read and understand the conditions on the reverse of this form. I understand that if I violate these condition, I may be brought back before the Court for revocation and sentence. Defendant Date Address I 'd 9146 60 OL6 'ON %Vd QNAO'I-IM) LINO HKIM Ky ZI:6 Q3M I0-H-ID0