One Dead After Shooting at Protest in Denver

[deputyG23]

When you get a civil judgment against a defendant, that's generally not self-operating. You have to chase after them. You have to find their bank accounts, find where they work, so you can serve garnishment orders. If the defendant quits his job and moves away, then you have to find him and find out where he works. If he quits and goes to another job, the process starts again. All that costs money, for, depending on the civil rules of the state, you may have to pay a process server each time. If the defendant moves out of state, then you have to record your judgment in the court where he has moved. Depending on the civil rules, you may even have to do that if he goes to another county.

With the caveat that I don't know anything about the shooter, ask yourself how much stuff the guy has. Is it likely that he has a lot of money in the bank? Does he own his own home? A luxury car?

And if he subsequently declares bankruptcy, the judgment may be unenforceable.

Getting the civil judgment is the easy part. Actually collecting the money is much more difficult.
My Office serves hundreds of garnishment summonses a day.
I often wonder what percentage of money judgments are actually collected.

[parishioner]

https://www.denverpost.com/2022/03/1...arges-dropped/

Prosecutors plan to drop the murder charge filed against an unlicensed security guard who shot a man in 2020 following dueling rallies in downtown Denver because they don’t believe they can overcome the security guard’s claim that he acted in self-defense.

Matthew Dolloff, 32, shot and killed Lee Keltner, 49, on Oct. 10, 2020, during a confrontation between the pair toward the end of two opposing political rallies in Denver’s Civic Center. One demonstration featured conservative “Patriot Rally” attendees. That group was met by left-leaning counter-protesters.

Dolloff’s attorney, Doug Richards, said prosecutors with the Denver District Attorney’s Office told him they intend to dismiss the second-degree murder case at the pre-trial conference scheduled for March 21. A jury trial was scheduled to begin April 12.

“I’m just really happy for Matt and his family that the DA finally realized what we’d known all along,” Richards said.

A spokeswoman for the Denver District Attorney’s Office on Thursday confirmed that prosecutors plan to dismiss the murder charge because they cannot overcome Dolloff’s statement that he acted in self-defense. Dolloff had not been charged with anything else in connection with the fatal shooting.

Prosecutors informed Keltner’s family of their decision Thursday, spokeswoman Carolyn Tyler said in an email.

“In line with our ethical obligations, we cannot overcome the legal justifications of self-defense or defense of others,” Tyler said. “We are not able to prove guilt beyond a reasonable doubt.”

Under Colorado law, a person can use deadly force in self-defense only if that person reasonably thinks using less force won’t be sufficient, and the person reasonably believes he or someone else faces an immediate threat of being killed or seriously hurt.

There is no duty to retreat under state law, but the action taken in self-defense must be generally proportionate to the attack, experts have said.

A member of Keltner’s family declined to comment on the district attorney’s decision Thursday.

On the day of the rallies, the two sides were kept apart by police for much of the day, until the events began to wind down and protesters started to leave. It was then that Keltner and a handful of others began arguing with counter-protesters near the Denver Art Museum.

Dolloff was working as a security guard for Denver television station 9News at the time, and accompanied a 9News producer as the producer filmed the argument on his cellphone.

The fatal encounter, which was captured by a Denver Post photographer, began when Keltner told the producer to put the camera away and said he was going to “(expletive) him up.”

Dolloff stepped between the two and physically blocked Keltner, who was holding a can of bear spray. Keltner slapped Dolloff in the face. Dolloff pulled a gun from his belt and shot Keltner as Keltner discharged the bear spray.

Dolloff was immediately arrested and later charged with second-degree murder. He said he acted in self-defense. He was not licensed to work as an armed security guard in Denver at the time.

Keltner, who died at the scene, was a respected hat-maker and U.S. Navy veteran who held conservative beliefs and was, toward the end of his life, drawn to political action.

9News declined to comment.

[GyroF-16]

Something seems fishy with the charges being dropped.
The account above certainly doesn’t sound like self-defense, nor did the video of the event.
I’m certainly not declaring the shooter guilty, but am surprised that there will not even be a trial.
There seems to be some critical data missing from this story.
Could it be that the guy who got shot was on the “wrong side” politically? If that’s the case, our legal system has taken a definite turn to being biased.

[BehindBlueI's]

Something seems fishy with the charges being dropped.
The account above certainly doesn’t sound like self-defense, nor did the video of the event.
I’m certainly not declaring the shooter guilty, but am surprised that there will not even be a trial.
There seems to be some critical data missing from this story.
Could it be that the guy who got shot was on the “wrong side” politically? If that’s the case, our legal system has taken a definite turn to being biased.

Questionable cases are often "won or lost" in pre-trial. If some key piece of evidence or narrative building (can I mention...) the prosecutor believes they need to make their case is excluded from trial, or if a key witness is a shit show in a deposition, they know they can't convince a jury with what's left to them. Seen it several times. Add in juries don't just go by the law, they go be feels, and a non sympathetic victim combined with an articulate and sympathetic accused goes further than you might think. No idea what the specifics are here, but I'm in no way shocked a case this shit to begin with would fall apart in pre-trial.

[DrkBlue]

I appreciate the update.
This Charlie Foxtrot of a situation popped into my mind in the last two weeks.
I work with a retired state BCI director. He pretty much called called this one right from start - charges, but no trial.

[Rex G]

Questionable cases are often "won or lost" in pre-trial. If some key piece of evidence or narrative building (can I mention...) the prosecutor believes they need to make their case is excluded from trial, or if a key witness is a shit show in a deposition, they know they can't convince a jury with what's left to them. Seen it several times. Add in juries don't just go by the law, they go be feels, and a non sympathetic victim combined with an articulate and sympathetic accused goes further than you might think. No idea what the specifics are here, but I'm in no way shocked a case this shit to begin with would fall apart in pre-trial.

This.

I agree; it would have been difficult for the prosecution to win this one.

An incapacitating weapon can be seen as a deadly threat. OC spray, because it causes “loss of function” of a “vital organ,” is, arguably, “deadly” force, in at least some jurisdictions, though I do not know about Colorado. Let’s also remember that “less-lethal” does not equal “non-lethal.” (I am not a lawyer, but did enforce laws, for a third of a century, so, have some idea.)

[Rex G]

Let’s also remember that “freedom of the press” is enshrined in the US Constitution, so, the defendant was, arguably, protecting the exercise of a fundamental Constitutional right. It does not matter whether the news media personnel, in this incident, were/are slanted right or left, or perfectly unbiased.

Again, I am not a lawyer, but, a wise LEO learns to think like a lawyer, and at least try to anticipate what a jury might think, when building cases.