Legal Question in Criminal Law in Colorado

Questionable conviction and restitution

Five boys were charged with setting a 3000 acre fire. Two were 17 and three were 18. All state there was no fire when they left the area, although they were hiking in the area (trespassing on open land). The two juveniles were found guilty of misdemeanor firing of woods and prairies and ordered to pay $312,000 in restituiton. No trial by jury since juveniles. Two of three 18yo were found not guilty by a jury of their peers. The third is awaiting trial. Juvs were chgd 1st, adults weren't charged until juvs were set for trial, and sentenced 4-5 mths before adults so my understanding is appeal is out. This is so wrong and we don't know what to do. DA told judge that they were juvs and their parents have homeowners so requested an immediate ruling on the restitution, even though a request was made to order restitution after adult trial. Judge stated if the adults were found innocent, families of juvs could sue in civil court. Not the point, how can two be guilty and the others don't have supporting evidence? Help please


Asked on 6/13/07, 1:57 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Questionable conviction and restitution

Don't be so quick to dismiss the idea of a civil lawsuit. If you think the 18+ defendants helped start the fire, a successful suit would have them pay part of the restitution. A "not guilty" finding to criminal charges does not prevent a liability finding to restitution.

On the appeal, further research needs to be done before a determination can be made.

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Answered on 6/13/07, 2:11 pm


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