COLORADO SPRINGS — A judge ordered the records in a 2021 case involving the suspected gunman in the Club Q shooting to be unsealed Thursday morning.
The case has been sealed for months, leaving many questions as to what happened with the suspected gunman in a previous criminal case and whether or not it could have prevented the shooting at the nightclub in Colorado Springs.
In a press conference Thursday, 4th Judicial District Attorney Michael Allen said the case was dismissed by a judge in July of this year after the prosecution couldn't serve subpoenas on some of the key witnesses in the case which were the suspect's family members.
Allen detailed the events leading up to the case's dismissal.
On June 18 2021, the gunman was arrested after sheriff's deputies say he made bomb threat in his grandparent's home in El Paso County. According to court documents, The suspect's grandmother, Pamela Pullen told law enforcement the suspect told her "he was going to be the next mass killer."
The documents also detail the grandmother's fear where she told deputies the suspect had been making homicidal threats towards her and her husband as well as others. The grandmother said the suspect was not happy about the grandparent's plans to move to Florida.
Within a week and a half of the arrest, the District Attorney's office filed charges against the suspect including three counts of First-degree Kidnapping and two counts of Felony Menacing. The suspect's bond was set at a million dollars.
In August, the bond was reduced to $100,000 after a hearing. Allen said in the hearing the grandparents called the suspect a "sweet young man" and "someone who will take advantage of a second chance."
The suspect bonded out of jail two days after the bond was reduced. In January of this year, the suspect pleaded not guilty to the charges.
Ahead of a trial, the District Attorney said his office needed to issue subpoenas but the grandparents were out of state and an interstate subpoena process was not effective. The judge granted a continuance.
In July, Allen said prosecutors were still not able to get a subpoena served to the family members. Prosecutors asked for an additional continuance, the defense objected and the judge dismissed the case.
Allen said the court's decision is common and in July the deadline for a speedy trial was approaching.
The District Attorney also revealed the weapons used in 2021 included two guns, one of which was a ghost gun. Allen said the guns were taken by the El Paso County Sheriff's Office as part of a mandatory protection order in place after the charges were filed.
The charges also prevented the suspect from having any weapons while the case awaited trial.
The order was lifted once the case was dismissed. In August, the suspect asked for the weapons to be returned, but the request was denied.
Thursday afternoon, the El Paso County Sheriff's Office released a statement regarding their involvement with the suspect back in 2021:
"-On Friday, June 18, 2021, just before 2pm, Patrol Division deputies with the El Paso County Sheriff's Office responded to a report of a bomb threat at a home in the 9800 block of Rubicon Drive. This is in the Security/Widefield area of unincorporated El Paso County.
-After an initial investigation, probable cause was found for (the suspect's) arrest on the charges of Felony Menacing and First-Degree Kidnapping. After obtaining search and arrest warrants, the Sheriff's Office Tactical Support Unit (comprised of SWAT, K9, Crisis Negotiators, EOD, Tactical Medics from the Colorado Springs Fire Department, and Tactical Dispatchers) apprehended (the 22-year-old) after a standoff and negotiation at that home on Rubicon Drive. (The suspect) was immediately booked into the El Paso County Jail. Recognizing the threat not only to the victims in that investigation but also to the general public, the arresting deputy requested, and was granted by the judge, an enhanced bond of $1 million.
-On the day of (the suspect's) arrest, both the home on Rubicon Drive, as well as a home in the 6300 block of Pilgrimage Road at which (the 22-year-old) was known to frequent, were searched under the probable cause established leading to the previously obtained search warrants. All firearms belonging to (the suspect) that were located during those searches were seized and placed into the El Paso County Sheriff’s Office Evidence Facility. Additionally, bomb-making materials were also located and seized and placed into the El Paso County Sheriff’s Office Evidence Facility.
-On June 22, 2021, while still detained inside the El Paso County Jail, (the suspect) was present at a charge advisement hearing. (The 22-year-old) remained in the El Paso County Jail following this advisement hearing. At that same time, in accordance with CRS 18-1-1001, and pursuant to the list of applicable crimes listed in CRS 24-4.1.302, a Mandatory Protection Order (MPO) was also set in place against (the suspect). That MPO ordered (the 22-year-old) to stay away from the home of the victim/witness or any other place the victim/witness is likely to be, to refrain from contacting the victim/witness, to not possess or control firearms or other weapons, and other provisions.
-On July 1, 2021, while still detained inside the El Paso County Jail, (the suspect) made a first appearance in court on the charges in the case. (The 22-year-old) remained in the El Paso County Jail following this first appearance.
-On August 5, 2021, while still detained inside the El Paso County Jail, (the suspect) appeared before a judge and, during an in-person preliminary hearing, the presiding judge reduced the bond amount from $1 million to $100,000 and lifted only the portions of the MPO that had previously prevented (the 22-year-old) from being with or contacting a victim/witness. It’s important to note that the portion of the MPO prohibiting him from possessing firearms remained in effect.
-On August 7, 2021, (the suspect) bonded out of the El Paso County Jail and was subjected to the bond conditions as set forth by the judge during the above-described August 5, 2021, hearing. The MPO prohibiting him from possessing firearms remained in effect.
-On July 5, 2022, during one of several motions hearings that occurred after (the suspect) bonded out, the judge presiding over the case dismissed the charges against (the 22-year-old) and released (the suspect) from the conditions of the bond. The judge also dismissed the MPO. (The suspect's) lawful ability to possess firearms was restored at that time.
-On July 6, 2022, a general request for release of all evidence was received by us from the DA’s Office. This is routine procedure following the dismissal of a case.
-On July 7, 2022, (the suspect's) defense team requested a motion to seal the record.
-On July 11, 2022, EPSO evidence staff requested further guidance from the DA’s Office regarding the standardized request for the release of the evidence in this case received from them.
-On August 4, 2022, the DA’s Office amended their standardized request to release the evidence to a request that it be held per the statute of limitations that governed the specific crimes for which (the suspect) was previously charged.
-On August 11, 2022, the motion to seal the record was granted.
-On August 12, 2022, (the suspect) called our evidence facility to seek the release of all items. This request was denied by us.
Since the day of (the suspect's) arrest associated to this specific case in June of 2021 and up until last week, all the firearms and bomb-making materials seized remained in the control of the EPSO and secured in our evidence facility. This evidence is now in the possession of the 4th Judicial District Attorney’s Office.
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