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News from the Office of the District Attorney
FOR IMMEDIATE RELEASE
December 19, 2008
PLEA DEAL ENSURES COP KILLER WILL DIE IN PRISON
This afternoon, 28 year old Defendant Marco Lee pled guilty to all eleven counts charged against him and received a sentence to the Department of Corrections for the remainder of his life plus 167 years. Defendant Marco Lee will never leave prison.
The District Attorney's Office releases the following statement that was made in open court before the guilty plea to all charges related to the murder of Colorado Springs Police Department Office Ken Jordan and the attempted murder of CSPD Officers Josh Hunter and John Garza.
Statement by District Attorney John R. Newsome:
“The District Attorney’s office was approached by Kim Karn and Carrie Thompson, the Defendant’s attorneys, who told us that the defendant did not want a trial in this case, that he wanted to accept responsibility for his crimes, and that he wanted to plead guilty to the charges, in exchange for an agreement from us to allow him to avoid the death penalty and instead spend the rest of his life in prison. We have agreed to allow the defendant to plead guilty to all charges in this case. He will serve a life sentence in the DOC without the possibility of parole plus 167 years.
The decision to pursue the death penalty is a decision made by the District Attorney. This is, probably, the toughest decision a prosecutor must make. This decision is not made based on emotion. It is a decision that is guided by the law. After a careful analysis, which will be explained through a short power point presentation, I have decided that a guaranteed life sentence with no chance of parole or appeal is what must be done.
As with any criminal case, our burden would have been to prove first degree murder beyond a reasonable doubt to a unanimous jury. The defendant's intoxication at the time of the offense, in this case a blood alcohol content ranging from a medical blood draw of .266 to legal draws of .156 and .122, can be offered to negate the mental state of intentionally. In a death penalty case, the prosecution has an additional burden in the penalty phase of a death penalty case, to establish beyond a reasonable doubt that the aggravating factors that have been charged against the defendant and are laid out by statute outweigh evidence presented by the defendant in mitigation. This has to be unanimous as well. Six statutory aggravators were charged in this case, five of which we would have been able to proceed upon in this case.
The investigation in this case has been continuous and ongoing for the past two years. A significant part of the more recent investigation has involved uncovering possible mitigation evidence so that it could be refuted during a penalty phase. We are now aware, by virtue of this investigation, of at least eight statutory factors in mitigation that the Defendant would likely have provided evidence on at a sentencing phase, in addition to the final statutory mitigation factor which would have allowed him to produce any additional evidence in mitigation. The law provides that the defendant has no burden of proof in establishing mitigation evidence in a death penalty case.
After the defendant’s attorneys brought us this proposal, we weighed the benefits in this case of the certainty of this outcome with the risks of proceeding to a death penalty guilt phase and penalty phase trial. This decision was not made quickly. It was made after consultation with Officer Jordan’s family, Officer Josh Hunter and Officer John Garza, and members of the Colorado Springs Police Department. Each person consulted was given time to consider the legal analysis and reflect upon a decision.
The Chief of Police, the command staff and members of the Colorado Springs Police Department, after careful reflection, agree that this is the best, most practical decision. Officer Josh Hunter and Officer John Garza, the two officers who witnessed Officer Jordan’s murder, support this decision. These two officers will never forget seeing their partner gunned down. However, this agreement guarantees that the Defendant will never leave prison, and they fully support this decision because of the guarantee that it provides. The homicide detectives, who spent tremendous time investigating not only the elements of the crime charged, but also the statutory aggravators and mitigators, agree with this decision.
It is important, your honor, that you are aware that the family of Officer Ken Jordan is very disappointed with this decision. They have told us that they would like us to reject this proposal and pursue the death penalty in this case. They told us that they understand, intellectually, why we have reached this decision. However, they feel it is an injustice to Officer Jordan not to pursue the death penalty. They strongly disagree with this decision.
We deeply respect the opinion of Officer Jordan’s family and cannot begin to understand the anguish they are suffering. What we do agree upon is the following,: Officer Ken Jordan was an outstanding officer. He, like all law enforcement, laid his life on the line each day he put on his uniform. He did so with tremendous pride. He did so for the safety of our community. He did so bravely. The person who took his life, knowing he was a police officer on duty, must be punished.
Officer Jordan’s family would like the risk of a trial and appeal process to be taken, in hope that a jury would vote for his death. I believe that based on the law, that risk is not one that should be taken. History has shown that the death penalty is almost non-existent in Colorado. It is a legal option, but the practical application almost never happens. If it is imposed by a jury, the chances of an appellate court overturning the conviction are high. After full consideration of all of the factors and the law, I have decided that a guarantee that the Defendant will die in prison is the better option.
We know, and the community must be assured, that through this agreement, the Defendant is pleading guilty to every single crime charged. He is receiving the maximum sentence: life plus 167 years. He is giving up his right to appeal. He will die in prison. These factors are important to our office and the community.
At this time, we are asking the court to accept the agreement and are ready to proceed.”
End of Statement
Following this statement, the Honorable David Miller advised the Defendant of all of his constitutional rights. The Defendant then entered a guilty plea to all eleven counts in the Information related to the murder of Officer Jordan and the attempted murder of Officers Garza and Hunter. Judge Miller then sentenced the defendant to the maximum of life in prison plus 167 years.
Attached to this press release are three additional documents:
- The power point presentation that was presented to Judge Miller at today’s plea and sentencing hearing.
- A written explanation of the 4 step process that occurs during the penalty phase of the trial. Each step must be carefully considered and met, before the next step is taken. Even if the first three steps are established, the fourth step requires each individual juror to make a moral decision about whether the death penalty should be imposed in this case.
- A sentencing chart outlining each of the eleven counts the defendant pled guilty to and the sentences imposed.
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