Julie_Hayden's Blog

I think a huge amount of credit has to go to Denver Police investigators and prosecutors, in getting an indictment in the murder of Denver Broncos player, Darrent Williams.

Fromt he beginning, police were targeting members of a Denver street gang, headed by Brian Hicks,

The problem was nailing down exactly who was in the car... and who fire the guns.  Police believe there were two shooters that night, firing a total of 15 rounds into the limo Williams and his group were riding in.  And gang members, notorious for not cooperating with police, refsued to talk in this case.

Sources say the big break came recently, when a previously uncooperative witness decided to talk and put a gun in Willie Clarks' hands. 

Police believe Hicks, Clark and other members of the gang are responsible for several unsolved murders in the Denver area.  But Hicks has ruled with an iron fist and the threat of violence, even behind bars.  Hopefully, investigators have driven a wedge into the gang, and may finally start to get information.  Clark,  with a murder charge hanging over his head, may be willing to give up Hicks on other crimes. 

Stay tuned.

I read a federal indictment today, handed down against a man who was arrested after a bizarre air rage incident.  The man was on a flight from California to Denver, and said he had about a half-pint of vodka plus a couple of extra shots... before getting on the plane.

He was seated next to a couple of teenage girls and apparently began to bother them immediately.  He kept trying to show them his skateboard and take their pictures.  And then finally, he grabbed some medical tape out of his back pocket and taped one of the girls hands together.  After they took the tape off, a flight attendant noticed the problem and when he found out the girls weren't traveling with the guy, they moved the girls to another seat and reported the man.

He told the FBI that "it was all just for fun"... and that he was "drunk and blurry" and didn't remember a lot about the flight.

And now.... blurry or not... he's facing federal charges.

I've seen several other passengers charged after bizarre flight behavior.  One guy was arrested after reaching over the seat and trying to grab the young woman behind him.

Another made outrageous sexual suggestions to a flight attendant and kept grabbing at her.

And... no surprise... alcohol was a factor in all of these incidents.

It sems like these kinds of things are increasing.  I know we've done stories about extra training flight attendants have to go through.

I wonder if it's because air travel has become such a hassle.  Long lines, extra charges, delays (spent in the bar, too often) etc. 

You gotta wonder how someone could fall so far so fast.  Former Broncos running back Travis Henry is sitting behind bars in federal prison tonight, accused of being the "money man" and drug supplier in an alleged cocaine operation.

It started with a bust in Montana, and the informant there told cops he was just the courier, and Henry and another man named James Mack were the suppliers.

He said he'd made two prior cocaine deliveries for Henry.  He also said he owed Henry $40,000 from a drug deal rip-off and that Henry was threatening to kill him and his family if he didn't pay up.

So, drug dealer loyalties being what they area.... when confrnted with an arrest, this guy gave up Henry in a matter of minutes and agreed to set Henry up in a buy-bust.

DEA taped phone conversations between the informant and Henry, where Henry allegedly agreed to purchase six kilos of cocaine for $20,000 apiece.

Cops were secretly set up outside the house, and when the deal went down, they moved to arrest Henry.  But he ran... and cops caught him and arrested him at his house a short distance away.  (Our sports guy, Eric Goodman noted that was Henry's longest run since coming to Denver).

We're talking significant quantities of cocaine here and nearly a quarter of a million dollars that the feds know about.  Sources say you don't set up that kind of drug operation overnight.  And if the allegations are true, they say it's very possible Henry was involved with drug dealing while he was with the team.

In federal court today, he was still wearing the clothes he was arrested in.... gym clothes with Broncos colors.  And astonishingly, he appeared to be joking with his co-defendant while he read the charges against him.

He'll be held in federal prison at least until Monday, when there's a bond hearing.

And if he's convicted...we're talking a minimum ten years in federal prison.

The final legal step today in a horrific case of child abuse and murder.  Sarah Berry was sentenced to the maximum 48 years in prison today.  Last month, she pled guilty to second degree murder in the death of 7 year old Chandler Grafner.  Her boyfriend, Jon Phillips was convicted of first degree murder and sentenced to life in prison.

The testimony in Phillips' trial broke the heart of anyone who heard about it.  Phillips and Berry locked Chandler in a closet space the size of an oven for weeks, forced him to lie in his own feces and deprived him of food and water until he died.

One of the key witnesses was Chandler's younger brother, Dominic.  prosecutors showed pictures that Dominic drew, of how Chandler was locked in the closet.  He drew squiggly lines coming out of the closet that he says were Chandler's screams.

Prosecutors say one of the biggest reasons they agreed to a plea bargain with Berry was to spare Dominic from having to testify in another trial.

Like Phillips, Berry did not have any comment or express any remorse.  She will be eligible for prison "good time".  But the law requires her to serve at least 36 of the 48 year sentence before she can be considered for parole.  She will spend more time behind bars than she has been alive.  Phillips will spend the rest of his life in prison and is not eligible for parole.

A friend of the man shot and wounded by Denver Police yesterday tells us he may have fled because he is wanted on an outstanding warrant for parole violation.

The friend says the man called him just before the shooting... and wanted to come over and take a shower, as he was in between apartments.

A specialized plainclothes unit stopped the man, thinking he might be a possible suspect in a series of area robberies.

But he fled, and was shot after witnesses and police say he threatened officers and pretended to have a gun.

A day later... some new information is coming out, but I don't think it really changes much.

First, police now admit the man is not the suspect they were looking for.

Second, he did not have a gun after all.

But Independent Monitor, Richard Rosenthal says it doesn't necessarily matter whether he had a gun.... if he was simulating a gun or really doing anything that made officers think their lives or the lives of others are in danger.... then they are justified in using lethal force.

And it also doesn't really matter if he wasn't a robbery suspect.  It's not necessarily how the chase started that matters.... it's the circumstances at the end.  And even if he was an otherwise upstanding citizen who never even got a traffic ticket.... if he threatens officers and pretends to pull a gun, and the officers, once again, believed their lives and the lives of others were in danger, it's a justified shooting.

Now, sometimes after cases like these, police end up reviewing policies and proceedures to see if things could have been prevented. 

But from everything we're hearing, it sounds like this is going to come down as a justified shooting. 

I've covered enough cop stories to understand that while it is necessary to hold them to high standards.... they have sometimes less than a split second to make a life and death decision.   If they wait until they are positive someone has a gun, if they wait until the person is actually starting to shoot.... then it is already too late.

The most disturbing stories I cover are the ones that involve children who are victims.  Recently, one of our investigations discovered a child pornogrpahy web site.  We reported it to Mike Harris, with the Jeffco DA's Office.  He does amazing work in this area, and he immediately alerted the National Center for Missing and Exploited Children.

We expected the site to be shut down right away, and were surprised to find that it is still up and growing.

We're told the FBI is conducting what appears to be a pretty significant investigation and is still gathering informaton from the site.

One investigator explains it's like the lesser of two evils. No one like to see this kind of site continue, but sometimes it's the only way to track the pedophiles and find the children and get them help.

This is disturbing stuff.  The children in the pictures range in age from preteen, to toddlers to infants.  The pictures show the children in sexual poses and in sex acts.  You can see the childrens' face, but not the faces of the men abusing them.  These sites are peer-to-peer file sharing sites.  The pedophiles can trade and exchange photos and it can be almost impossible to track them down.  And it breaks your heart to look at the faces of the children, who are out there, somewhere, with these perverts. 

Harris says especially alarming is the fact that most pedophiles use child pornography as part of a cycle that results in actually victimizing a child.  So it's not just the children in the pictures who are at risk, it's any other child these pedophiles have access to.

We'll keep you posted on the investigation.

You get the sense that Beth and Ray Burgett are truly nice people.  And they need the public's help.  69 year old Ray has been unconscious for the past ten days, in critical condition at Denver Medical Health Center.  They were coming home from a night with friends about 10 pm September 13th.  They live near Irving and Hooker in Denver, and saw a suspicious man in the middle of the street as they pulled into the driveway.

Beth says she went inside and Ray went to see what was going on.   After about fifteen minutes, when he didn't come back, she looked out the window and saw her husband of more than 20 years on the ground in the alley.  He had been brutally beaten.

She covered him with a blanket, ran to neighbors and called 911.  She says he was barely conscious, moaning softly and she was afraid he was dead.

She didn't see or hear anything.  And police don't have much to go on.  Neighbors say they saw and heard two men who may have been arguing just before the assault.  They think these two men could be involved and want to talk to them.

Beth was gracious and dignified, talking to reporters today.  Asking for people's prayers and help catching the man or men who attacked Ray.  She says it's a very scary time, but her husband sometimes opens his eyes and squeezes her hand and she is hopeful.

There is a crime stoppers reward for information.  And Beth says if anyone saw or heard anything, even if they don't think it's important... to please call.  She says they would be most grateful.

The Denver Medical Examiner's Office today released the autopsy report on Adams County prosecutor Sean May.   While investigators officially say they have no solid leads or suspects or motive, privately they are indicating they believe May was ambushed in his back yard as he came home from work that night.

The autopsy report appears to back that up.  May was shot in the back of the head and in his lower back.   There was no "soot, charring or gunpowder stippling.... which indicates the shot was not fired at a very close range.

The Medical Examiner says there was also blunt force injuries, abrasions and bruises, to his face, back and right arm.  It appears he may have been hit, not that the injuries came from a fall.

The alley behind the house is very open, and it's easy to see how May could have pulled into a parking area, walked through his gate and headed to the back door.  And it's easy to see how the killer could have fired over the waist high fence into the yard... and maybe even gone into the yard to cause the blunt force injuries.  And then fled any number of directions.

It also apears paramedics and the ER team went to heroic efforts trying to save him.

They did recover a bullet and bullet fragments, which will be helpful if they ever recover a gun.  But from what sources are telling us, investigators could use a break in this case.  It's a labor intensive investigation... going through records of cases May was involved in.... talking to people who lead them to other people.  I'm told they have not run into a dead end yet... and as long as there is a trail to follow, they'll pursue.

Just talked to the lawyer representing Francis Hernandez..  He's the illegal alien accused in the horrific traffic crash that killed two women and a little boy in the Aurora ice cream store.

Kallman Elinoff says he isn't trying to point blame on anyone, but does ask a lot of questions.

The woman driving the mazda pickup was turning left across a double yellow lane in the fast food restaurant.  Not crossing that line is not necessarily a traffic violation, but Elinoff says failing to yield right of way could be.  He says he wants to see the traffic reconstruction reports to see exactly who hit who.,. and where.... and get all the toxicology reports back.

None of those answers will mitigate the tragedy of what happened, but he says it could have an impact on a legal defense.

He also says that Hernandez' legal status, while raising certain issues, is not a factor in this criminal case.  I have to say I agree with him on that point.  And I've been covering criminal cases and trials long enough to know that in spite of controversies and emotions that might surround a case, jurors are very good at following judges' instructions on the law.  And that while the case might spark illegal immigration debates outside the courtroom.... it is not a factor inside, with a vehicular homicide case.

Some people may not like that, but I think it's one of the things that makes our system work. 

The finger pointing continues today, between ICE and local police agencies.... in the case of an illegal alien accused in the deaths of three people in last week's crash at an Aurora Baskin Robbins.

Here's the latest. Aurora and Arapahoe County say they alerted ICE that 23 year old Francis hernandez might be an illegal immigrant back in April when they picked him up on misdemeanor charges.  And they say ICE failed to take him off the streets.  BUT... ICE is adamant they never got a "query" from Aurora or Arapahoe County and they say it would be on the computer if they did.  Additionally.... they say they never received any queries from any law enforcement agencies... despite the numerous arrests on this guy.

Arapahoe County Sheriff Grayson Robinson says they're pretty sure they called ICE, but are still looking to see if there's any documentation.  And he goes on to say.... since Hernanedez was jailed on a misdemeanor.... ICE practice is to not put holds on those guys, so nothing would have happened anyway.

And despite all the finger pointing, it's hard to pin all the blame on any one agency.  Local law enforcement says they have no authority to hold suspected illegal aliens... and don't have the room or resources anyway.  They say it's up to ICE.  But ICE says they don't have the room or the resources to detain and deport every single suspected criminal alien and have to prioritize and focus on the hardest cases. 

The problem, as we see too clearly in this case, is you can never tell when a misdemeanor criminal alien is going to commit a more serious crime and hurt mroe people. 

Three families are making funeral arrangements this week, their loved ones killed in a bizarre and tragic traffic crash in Aurora.

Two women, great friends going out for a burger.... killed when a man driving an SUV crashed into them... spinning the vehicles into an ice cream shop... and killed a three year old boy.  An ice cream store.  It's impossible to even fathom how such a thing could happen.

The driver ran, but police caught up and he's under arrest on a number of charges, including three counts of vehicular homicide.

At first, Aurora Police said the driver was a legal citizen, born in California. But now, 23 year old Francis Hernandez is on an ICE hold and it looks like he slipped through the system by using a variety of fake ids...and is in this country illegally. 

I wrote about this once before.  I was appalled to learn that many jurisdictions, including Denver, do not even ask about citizenship status when evaluating whether someone is a flight risk or not.  That's crazy.... of course that increases their flight risk.  Bounty hunters and police fugitive units will tell you that all kinds of people, no matter where they were born, fail to appear at court hearings.  But I think it's a lot easier when "home" is across a border.  And it makes them a lot harder to catch up with.  And then they come back into the US with a new name etc. 

And in looking at Hernandez' lengthy criminal history....  he's been busted over and over, for traffic and other offenses, accused of giving fake ids, bonding out and then never showing up at a court appearance.  Of course it was only a matter of time before he got involved in something far more serious.  But this is outrageous.

I know that local jails call ICE and report suspected illegal immigrants.  And I know that ICE does not just choose to ignore them, it comes down to an inability to deal with the sheer numbers.  But it seems to me this is a system that is seriously broken.  And it's not just political rhetoric.... it's... in this case... three people who will never get the chance to live the life they deserved,  and three families whose lives have been forever hurt.

Two days worth of motions hearings in the Aarone Thompson case began today,  She's the 6 year old Aurora girl whose parents reported her missing in 2005.  Very quicky, police suspected they killed her and hid the body,  The investigation into that revealed horrific allegations of child abuse involving the seven other children living in the home.

Shelly Lowe, the step mother, died.  And Aaron Thompson, Aarone's father.,. was eventually indicted by a grand jury on 60 counts.... including Aarone's death and a variety of child abuse charges.

Although some information was revealed in the indictnment, a lot of if has been under seal.  Some new details today.  Prosecutors say the kids all talk about being beaten with a belt, baseball bat and electrical cord,... and of being locked in a closet for punishment.  Prosecutors also say the children were so afraid of Lowe and Thompson that they lied for them about Aarone's disappearance at first.... and that it took a long time for them to open up about just went on in that house.

Its going to be a hugely complicated trial.... and it became clear today that they will almost certainly postpone the November start date.   Thompson faces 60 counts.... and jurors will have to sort out which abuse information involves which child.  Defense attorneys wanted to have separate trials for allegations involving each child... but the judge said no.   the DA has endorsed 475 potential witnesses.... there are tens of thousands of pages of discovery,... thousands of pages of grand jury testimony and hours and hours of videotaped testimony.

Shelly Lowe died.... and it looks like a possible defense strategy could be to try to pin all the blame on her.

I can't help but think... law enforcement spent three years and who knows how much money investigating... prosecuting and defending Thompson.  How much better to have spent some of the money up front... and protect the children in that home.,. in the first place.

Former Bronco starting strong safety, Billy Jenkins is under arrest in a fatal hit and run case.

Aurora Police say Jenkins crashed into the back of a scooter, waiting to turn at S. Parker and Qunicy early Thursday morning.  51 year old Tracy Gill was thrown from the scooter and died at the scene.  Jenkins then crashed into another car... and shoved it into a third car.  The two drivers were treated for minor injuries.

Then, police say, an apparently drunk Jenkins ran from the scene into nearby Cherry Creek State Park.  He eventually came back to the accident site and was arrested.  SkyFox has pictures of a dejected looking Jenkins sitting on the curb, while the body of the man he allegedly struck lay in the middle of the intersection.

He's out on a $50,000 bond, accused of DUI, hit and run, vehicular homicide and careless driving.

A long way from the Superbowl, he played on the 1999 winning St. Louis Rams team.

He was a starting player with the 2000 -2001 Broncos team, and also played with Green Bay and the Buffalo Bills.

Our SkyFox pictures show Jenkins nicely dressed in a suit.  We've learned that while he was not a delegate to the DNC, he was on his way back from a DNC related party.

The US Attorney is dismissing alleged threats agains Barack Obama as the rantings of a bunch of meth heads.

And while they are publically downplaying the investigation, sources are telling me that privately, investigators are very concerned about the mens' ties to outlaw biker gangs and white supremacist groups.

And reading the affidavit... it seems to me that there might have been some degree of planning.  They had been staying in expensive denver hotels for up to two weeks... had some pretty serious weapons and ammunition and disguises etc. 

And apparently openly talked about killing Obama and one of the men being called to denver to help do just that.

Meth heads are not known for their organizational skills.... but to me it looks like these guys were up to something,

And it certainly would not shock me to learn the Feds were downplaying this while they continued a more serious investigation far out of the public eye.

What if you threw a protest and no one came???  That seems to be the case here.

Their web sites and news conferences vowed to disrupt the city and promised there would be "no business as usual" in downtown Denver during the DNC.

So far, not the case at all.  Various protest organizations indicated they would have thousands of people.... maybe as many as 25,000 or more, descend on Denver this week.  But the actual numbers aren't even close.

There were about a thousand people at Sunday's anti war march.  And they were so well behaved, they even waited at corners for the green light before crossing streets.

Today, only a couple of hundred people showed up for the march from Civic Center Park to the Federal Courthouse.

Granted, there are several more days and things could heat up, but I predict it won't be much.  There is a huge police presence, as they prepared for the worst and hoped for the best.  And even if a few hundred protesters decide to try to close down streets or block delegates... it won't take police long to clear them out. 

There is always the threat of violence that no one hears about in advance.  And while law enforcement sources say they haven't heard any significant rumors or hints of anything, I don't think we'll see a relaxing of security measures,