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Court Error Caused Early Release of Colo. Prison Chief's Killer

April 01, 2013  | 

Photo courtesy of Colorado DOC.
Photo courtesy of Colorado DOC.

A Colorado district court has apologized to the families of the two men slain by Evan Ebel for a clerical error that triggered the release of the white supremacist gang member four years early, reports the Denver Post.

An April 2008 plea agreement specified that the 28-year-old member of the 211 Crew would serve four years for assaulting a guard. However, a judge didn't specify that the term would be consecutive rather than concurrent. A clerk then entered the term as concurrent, meaning he would serve no additional time. He was released Jan. 28.

Authorities believe Ebel arrived at the door of Tom Clements home on March 19, and fatally shot the executive director of the Colorado Department of Corrections. He has also been linked to the murder of Nathan Leon, a 27-year-old pizza delivery man.

Ebel's 1991 black Cadillac was spotted by Montague County (Texas) Deputy James Boyd, who pulled him over for a traffic violation. Ebel opened fire, striking Boyd three times and triggering a high-speed pursuit that ended with Ebel's death from police gunfire.

Tags: Corrections, Parolees, Sentencing


Comments (10)

Displaying 1 - 10 of 10

Dustin @ 3/31/2013 6:20 PM

That's gonna be expensive...

Ken Lemanski @ 4/1/2013 6:48 PM

That apology is not going to bring back the people he killed and wounded during his crime spree.

Sgt. Mike @ 4/1/2013 7:26 PM

The Judge can't do much more than apologize in hindsight. It's my understanding that the judicial branch still lacks the power to time travel.

Everyone makes mistakes, and this one hurts.

Motorjock @ 4/1/2013 7:59 PM

There is no excuse for this idiotic blunder. The clerk should went to the Judge for clarification. The Judge is as much as guilty for not being specific in the first place. He probably will never be elected. The clerk as well as the judge will have to live with the rest of their lives. I hope no one ever lets them forget their screw up.

Anon @ 4/2/2013 4:29 AM

I think our anger should be directed towards the murderer not someone who made an error. We have all made mistakes in our jobs.

pj @ 4/2/2013 5:03 AM

In the facility I work, a sentence is presumed to be concurrent unless a sentencing order specifically states that it is consecutive. The judge imposes the sentence, not the clerk. After 22 years of service, I don't think I have ever seen a consecutive sentence for an assault on an officer. This was not a clerical error, but a way to try to place blame or explain away how this happened. There is nobody to blame but Evan Ebel himself. If these types of incidents in our facilities were taken seriously, the sentences would reflect their severity. Shame on the prosecutor who agreed to the plea deal in the first place. He/she should have made the consecutive sentence part of the deal.

aj @ 4/2/2013 6:26 AM

Assaulting a guard is always a consecutive sentence in the CDOC. What the media hit on and then swept under the rug is that this POS's father is Attorney Jack Ebel, a close childhood friend of the Governor John Hickenlooper.

Trigger @ 4/2/2013 6:44 AM

Unfortuantely errors do happen, some with unfortunate results. What's saying that after serving his 4 years he would not have killed the Director anyway???? He will receive his due now.

bob @ 4/2/2013 1:27 PM

Alas, the presumption, if anything, should be that an additional sentence is consecutive, not concurrent. The convict and his attorney will make sure THAT error gets corrected if it is indeed an error. A presumption of concurrence is indicative of the bigger problems with our criminal judicial system(!)

RICHARD ISAACS @ 4/6/2013 7:06 PM

take your clerical error and shove it. lazinessness would be a better excuse. there is no forgiving.

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