Motion seeks dismissal of charges against former Sheriff Terry Maketa


Maketa during his sheriff years. - FILE PHOTO
  • File photo
  • Maketa during his sheriff years.
The Denver Post is reporting that a prosecutor has filed a motion to dismiss charges of kidnapping and false imprisonment against former El Paso County Sheriff Terry Maketa.

Maketa is charged with other crimes as well from his 12 years in office, which ended with his resignation in late 2014, two weeks shy of serving out his third term.

Then-Undersheriff Paula Presley and then-Commander Juan "John" San Agustin also are charged in the case, but apparently motions to dismiss have not been filed on their behalf.

From the Post:
The motion was filed by District Attorney George Brauchler’s office on Tuesday, according to sources familiar with the case who spoke on condition of anonymity. Judge Larry Schwartz has imposed a gag order in the case. It was not immediately clear whether the judge has formally dismissed the charges.
We've previously reported on the case and on Maketa's tenure. The Independent also was first to report the threesome have filed a notice of claim indicating they plan a lawsuit against numerous government agencies in connection with the criminal case.

Observers speculate that the dismissal signals the prosecution, being handled by the 18th Judicial District (after 4th Judicial District Attorney Dan May recused due to his past work with Maketa), might see its case as weak.

In recent weeks, prosecutors sought a six month delay of Maketa's trial, due to begin this month, but Schwartz delayed it by only a month. It's now set to begin next week. Presley's and San Agustin's trials are set for later this year.

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