Will Denver be held accountable by the 10th Circuit for poor pre-trial supervision of dangerous felon?

Posted By Michael D. Evans || 13-May-2016

A notorious and dangerous felon, Kenneth Mackey, was out on a $100k bond when he shot and killed Martel Thomas in his home after Thanksgiving in 2013. Thomas was a Vietnam Vet and left behind children. Why was Mackey's bond $100k? Because he was awaiting trial on another attempted murder case where he used a gun on his ex-girlfriend. Before being released to Denver Pretrial Services, Mackey had racked up at least 4 prior felonies. What is unimaginable is that while under 'intensive supervision' with Denver Pretrial Release, which included a GPS ankle monitor, he racked up another 4 violent felony charges, ending with the death of Mr. Thomas. This wasn't just negligent supervision - it was gross dereliction of duties at its worst. Denver and its employees are using the over-reaching governmental immunity statute to avoid liability, and so far, the US District Court of Colorado has predictably let them. (1:15-cv-00906). But an appeal to the 10th Circuit filed today (16-1042) may help to change that. Thomas is represented by The Evans Firm, who has been fighting this case for 2 years (much of that time trying to force Denver to turn over records). Evans has found cases in Washington where governmental immunity has been pierced in pretrial release cases, including the notorious Maurice Clemmons case. Clemmons was on bond and pretrial supervision in Washington when he shot and killed 4 police officers in a restaurant - the most officers ever by one person. Apparently when the facts become horrific enough, the public demands justice. Colorado needs to fall in line. The Thomas case will be the first known case to assert pretrial liability here. http://www.theevansfirm.com/documents/2016-0513-10th-Cir-Opening-Brief-Thomas.pdf
Categories: Wrongful Death

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