On October 3 the Office of the 18^th Judicial District Attorney filed formal charges against Lee Andrew Fabricus in connection with the death of his 60-year-old brother Dale Fabricus on September 24 on East Heritage Parkway in southeast Aurora. Fabricus was charged with Murder 1 after Deliberation and Murder 1 – extreme indifference, along with a charge of assault and two vehicular homicide charges, one for driving under the influence. 

He remains in jail, and is scheduled for a preliminary hearing on October 15 at 8:30 a.m. in Division 408 of the the Arapahoe County Justice Center at 7325 S. Potomac Street in Centennial. 

This morning, an Arapahoe County jury found Johnny Dewayne Harris, Jr. (49) guilty of all charges related to a sexual assault of a Littleton woman in 2018 (2018CR2234).

On the morning of July 25, 2018, the victim took her dog for a walk on the trail located west of the intersection at South Santa Fe Drive and Brewery Lane in Littleton. The defendant attacked her by wrapping a parachute cord around her neck, and dragged her about 20 feet into an area off the trail.

During the assault, the victim fought back, knocked the defendant’s glasses off his face, severely impairing his ability to see. The defendant told her at one point, “I need to find my glasses to get out of here, because I need to make a break for it. If I don’t have my glasses, I can’t.”

To prevent her escape while he searched for his glasses, he used the rope around her neck to also tie her by the ankles and wrists behind her back. As he continued his search, the victim regained her balance while hog-tied, untied her feet, and escaped. The dog was found shortly after.

Several cyclists stopped to help the victim once she ran onto the trail. Littleton Police apprehended the defendant 15-20 minutes after the assault, as some of the cyclists either took care of the victim or followed the defendant until his arrest. The victim suffered serious bodily injuries.

When Littleton Police interrogated the defendant, he said that he is near-sighted and could read and understand everything. He later confessed in a taped interview and written statement.

At the time of the attack, the defendant was wanted by the City and County of Denver for sexual assault and failure to register as a sex offender. The defendant said he was in the Littleton area because he knew he was wanted in Denver.

The jury received the case late in the afternoon of Wednesday, Sept. 18 after a three-day jury trial.

• The jury found the defendant guilty of the following charges:
• One count of First Degree Kidnapping (F2)
• One count of Attempted Sexual Assault – Deadly Weapon (F3)
• One count of Attempted Sexual Assault – Serious Bodily Injury (F3)
• One count of Attempted Sexual Assault – Use of Force/Violence (F3)
• One count of First Degree Assault – Strangulation (F3)
• One count of Unlawful Sexual Contact (F3)
• Two sentence enhancements for violent crime

District Attorney George Brauchler said, “Harris is the embodiment of the nightmarish rapist who jumps from the bushes to grab and sexually assault the innocent and unsuspecting. I am impressed and grateful for the Colorado courage displayed by the victim both at the hands of her would-be rapist and in front of a jury of strangers. Let the word go forth from this courtroom that we will not tolerate rapists in our community. For those who seek to weaken our laws regarding sex offenders, let this be a reminder of what is at stake. Monsters like Harris are yet another reason we build prisons.”

The victim stated the following: “It’s hard to describe the emotions going through my mind as this has been the hardest week of my life since the attack.

I can’t thank everyone who has been with me throughout the process enough. I am so proud and grateful to my legal team for the way they presented my case as well as treating me with the utmost respect and patience for the last 14 months.

I’d also like to thank every single person who testified, I know from experience just how difficult that must have been. It is never easy to relive probably one of the most awful experiences of their lives.

Last but not least, to my army of support, who stood behind me the entire way, my husband, my brother, my mom, and my entire friendship base from around the entire world was with me this week! I am a survivor, and through the help of all of you I am able to be here to thank you all today.”

Chief Deputy District Attorney Chris Gallo and Senior District Attorney Danielle Jaramillo prosecuted this case.

The sentencing hearing is set for December 20 at 1:30 PM in the Arapahoe County District Court, Division 407. The defendant faces a sentencing range of 16 – 128 years to life in the Department of Corrections.

The Honorable Judge Michael James Spear presides over this case.

A Highlands Ranch woman who killed her newborn daughter will spend the rest of her life in prison after a Douglas County jury found her guilty of first-degree murder of a child under 12 by a person in a position of trust.

The jury found Camille Wasinger-Konrad, 25, guilty on all three counts: first-degree murder after deliberation; tampering with physical evidence; and the position-of-trust murder charge.

“Of all the many emotions of the magical first moments of a baby’s life, of all the many tender moments a mother shared in that first embrace with a completely helpless and fragile life, smothering a newborn and pitching its body over a fence in the cold of January is impossible to understand,” said District Attorney George Brauchler. “Who are we as a people that someone among us has such disregard for the most innocent of lives — a life they helped created? Disgusting.”

“It’s not only justice for the infant child but also a statement for the Douglas County community in how strongly we believe in the criminal justice system. We are glad to be a part of bringing this person to justice,” said Douglas County Sheriff Tony Spurlock. “I continue to be proud of the men and women of the Douglas County Sheriff’s Office and appreciate the hours the detectives on this case spent investigating it. We are grateful for the partnership we have with the district attorney’s office that brings results such as this one.”

Wasinger-Konrad was renting a room in the home of a Highlands Ranch family. Early in the morning of Jan. 2, 2018, she gave birth to a girl in her bedroom. She covered the baby’s mouth and nose to stop her from crying so as not to awaken others.  She then carried the newborn downstairs to the back deck. She threw the baby into the backyard of a neighbor.

The neighbor found the dead child at 9:48 p.m. that night and called the Douglas County Sheriff’s Office.

“That little girl was on that deck for 948 minutes,” Deputy District Attorney Valerie Brewster told the jury. “This defendant went about her day, knowing her unnamed daughter was there, helpless. She thought and made that choice.”

Chief Deputy District Attorney Christopher Gallo gave the closing arguments.

“This tiny baby was smothered by her mother, flung over a neighbor’s fence and left to die by the only human she had ever known,” Gallo told the jury. “This defendant hurled her newborn 11 feet over an 8-foot fence, knowingly consigning her to her death. This little girl died in the cold without the dignity of even a name.”

Sentencing is set for Nov. 15 at 3 p.m.. The mandatory sentence for Murder 1 is life in prison without possibility of parole.

Since 2000, Colorado has had a Safe Haven Law. A parent can hand over a newborn, up to 72 hours old, to an employee at any fire station or hospital with no questions asked.

Usage is record for the state

More Coloradans will have buckled up when they hit the road for the Labor Day holiday weekend. According to a recent survey by the Colorado Department of Transportation (CDOT), seat belt use increased by 2% in 2019. This is the highest rate since record-keeping began in 1997 when the state logged a 60% buckling up rate.  CDOT’s 2019 State of Colorado Statewide Seat Belt Survey shows seat belt usage improved to 88.3% in 2019 from 86.3% in 2018. The national rate is 90%. In 2018, there were 220 unbuckled passenger vehicle deaths on Colorado roads — accounting for about half of the 416 total passenger vehicle deaths in the state.

“We are pleased to see a record share of Coloradans buckling — with a meaningful increase of 2 percent in the past year,” said Shoshana Lew, executive director of CDOT.  “Buckling your seatbelt can be a lifesaving decision, and we encourage both drivers and passengers to stay focused on safety so we can continue to improve over the year to come.”   

The survey identifies use rates for select Colorado counties. The three highest population counties around Denver (Arapahoe, Denver, Douglas) all registered just above 90%. El Paso County also had a 90% use rate. At a population of just over 48,000, Fremont County demonstrated the highest rate of seat belt use across the stateat 95.2%. Lower seat belt usage is most often reported in the state’s rural counties, with Moffat coming in lowest at 71.4%, then Cheyenne (74.4%), Delta (80.7%), Otero (82.1%) and Gunnison and Montrose (82.9%). Adams County saw the largest gain in seat belt use, rising 19.3% to 89.2%.

The 2019 seat belt study, along with previous years, can be found at: codot.gov/safety/seatbelts/surveys

PROVIDED BY AAA COLORADO

New AAA analysis finds more than two people are killed every day in red light running crashes, including drivers, passengers, pedestrians and cyclists.

More than two people are killed every day on U.S. roads by impatient and reckless drivers blowing through red lights, according to new data analysis performed by the AAA Foundation for Traffic Safety. The most recent crash data available show that 939 people were killed in red light running crashes in 2017 – a 10-year high and a 28 percent increase since 2012. In Colorado, 20 people were killed by red light runners in 2017 – the sixth highest rate, per capita, in the country. 

According to the AAA Foundation: 

• 8 percent of crash deaths that occur at signalized intersections are the result of a driver running through a red light.
• Per capita, Arizona has the highest rate of red light running fatalities, while New Hampshire has the lowest rate.
• Nearly half (46 percent) of those killed in red light running crashes were passengers or people in other vehicles, and more than five percent were pedestrians or cyclists. Just over 35 percent of those killed were the drivers who ran the red light. 

“Here’s the bottom line: Drivers who decide to run a red light when they could have stopped safely are making a reckless choice that puts others in danger,” said AAA Colorado spokesman Skyler McKinley. “The data is clear: Red light running remains a significant traffic safety challenge, and lives are on the line.”

According to the AAA Foundation’s latest Traffic Safety Culture Index, 85 percent of drivers believe red light running is “very dangerous” – yet one in three say they blew through a red light within the past 30 days when they could have stopped safely. Strikingly, more than two in five drivers also say they don’t think they’d be stopped by police for running a red light. 

Red Light Cameras

While enforcement is the single most effective way to get drivers to comply with red light laws, it is impossible for police to be at every intersection. The Insurance Institute for Highway Safety (IIHS) found that, when properly implemented, red light cameras reduced the fatal red light running crash rate of large cities by 21 percent and the rate of all types of fatal crashes at signalized intersections by 14 percent. 

Proper implementation of red light cameras helps to ensure drivers’ safety and trust in these systems. When using red light camera programs, local governments should incorporate best practices such as:

Using the camera program as part of a comprehensive traffic safety strategy, including engineering and education.

• Only implementing programs on roadways with a demonstrated pattern of violations or crashes.
• Notifying drivers that cameras are being used (signage and other methods).
• Calibrating cameras regularly.
• Only operating cameras under the direct supervision of law enforcement personnel.
• Evaluating the programs on a periodic basis to ensure safety benefits are being realized. 

Tips for Motorists

Changes in driver behavior are critical to reducing red light running crashes on U.S. roads. To prevent red light crashes, AAA recommends that drivers: 

• Prepare to Stop: Lift your foot off the accelerator and “cover the brake” when preparing to enter any intersection by positioning your right foot just above the brake pedal, without touching it.
• Use Good Judgment: Monitor “stale” green lights – those that have been green a long time as you’ve approached the intersection. 
• Tap the Brake: Tap your brakes a couple of times before fully applying them to slow down. This will catch the attention of drivers who may be inattentive or distracted behind you.
• Drive Defensively: Before you enter an intersection after the light has turned green for you, take a second after the light changes and look both ways before proceeding.

Tips for Vulnerable Road Users

Pedestrians and cyclists should also stay safe when traveling near intersections. AAA recommends:

• Wait: Give yourself a few seconds to make sure all cars have come to a complete stop before moving through the intersection.
• Stay Alert and Listen: Don’t take chances and don’t wear headphones. Watch what is going on and give your full attention to the environment around you.
• Be Visible: Stay in well-lit areas, especially when crossing the street
• Make Eye Contact: Look at drivers in stopped vehicles to ensure they see you before crossing the road in front of them.

In April 2019, there were 3.5 billion telemarketing and robocalls made to mobile phones in America. As A.I. technology expands, robocalls are expected to keep rising.  While some businesses use robocalls for legitimate purposes, an astounding 43% of all robocalls are scams.

Socialcatfish.com today released a comprehensive study on The Rising Robocall Epidemic in America using the latest data from the Federal Trade Commission and Federal Communications Commission.

Here are key findings from the study:

• 5 States with the Most Robocall Complaints: California (747,829), Florida (427,404), Texas (402,316), New a (348,615) and Illinois (252,935).
• Robocalls By Category: Scams (43.31%), Alerts and Reminders (23.49%), Payment Reminders (19.89%) and Telemarketing (13.31%).
• Best Call-Blocking Apps: There was a 495% increase in the number of available call-blocking apps between October 2016 and March 2018 including RoboKiller, Nomorobo and Truecaller.
• Most Common Scams: Are calls purported to be from the IRS, health insurance companies and foreign consulates.  A new scam claiming to be from the Chinese consulate has cost more than $40 million in total or $164,000 per victim.

Here are 5 practical tips to avoid being a victim of a robocall scam:

• Register your number with the Do Not Call List
• Do not respond to questions that can be answered with “yes” from unknown numbers
• Set up a password for your mobile voicemail to avoid being hacked
• Download robocall blocking apps
• If you receive robocalls take action and file a complaint with the FCC.

In April 2019, there were 3.5 billion telemarketing and robocalls made to mobile phones in America. As A.I. technology expands, robocalls are expected to keep rising. While some businesses use robocalls for legitimate purposes, an astounding 43% of all robocalls are scams.

SocialCatfish.com today released a comprehensive study on The Rising Robocall Epidemic in America using the latest data from the Federal Trade Commission and Federal Communications Commission.

Here are key findings from the study:

5 States with the Most Robocall Complaints: California (747,829), Florida (427,404), Texas (402,316), New York (348,615) and Illinois (252,935).

Robocalls By Category: Scams (43.31%), Alerts and Reminders (23.49%), Payment Reminders (19.89%) and Telemarketing (13.31%).

Best Call-Blocking Apps: There was a 495% increase in the number of available call-blocking apps between October 2016 and March 2018 including RoboKiller, Nomorobo and Truecaller.

Most Common Scams: Are calls purported to be from the IRS, health insurance companies and foreign consulates. A new scam claiming to be from the Chinese consulate has cost more than $40 million in total or $164,000 per victim.

Here are 5 practical tips to avoid being a victim of a robocall scam:

• Register your number with the Do Not Call List
• Do not respond to questions that can be answered with “yes” from unknown numbers
• Set up a password for your mobile voicemail to avoid being hacked
• Download robocall blocking apps
• If you receive robocalls take action and file a complaint with the FCC.

CONTRIBUTED BY USDOJ

Riordan A. Maynard, age 50 of Centennial, was found guilty of corruptly impeding the administration of tax laws, conspiracy to defraud the United States, conspiracy to steal or embezzle employee benefit plan and health care funds, and theft or embezzlement in connection with health care following a seven day jury trial before U.S. District Judge Christine M. Arguello. The federal jury returned its verdict on May 13.

According to court records and evidence presented at trial, Maynard served as the chief executive officer of two communications technology companies located in Denver, Colorado, Touchbase USA (TBUSA) and its successor company, Touchbase Global Services, Inc. (TBGSI). TBGSI offered a 401(k) savings plan to the employees of both TBGSI and TBUSA. Maynard conspired with a co-conspirator to steal funds that employees had directed TBGSI to withhold from their paychecks for 401(k) plans, and ultimately stole over $60,000 of 401(k) withholdings and used them for other TBGSI expenses.

TBGSI also claimed to offer a health care benefit program to TBGSI employees. Maynard was convicted of stealing over $50,000 in funds that employees had withheld from their paychecks for their health insurance plans. Maynard then failed to pay for health insurance coverage. By June 2017, TBGSI owed over $100,000 to the health insurance carrier, which then terminated coverage for the employees. Numerous employee health care claims were denied.

TBUSA and TBGSI were also required to pay payroll taxes to the IRS. From early 2012 through September 2017, Maynard corruptly impeded the IRS’s attempts to collect these taxes. Maynard closed TBUSA and reopened it as TBGSI to avoid paying more than $2.5 million in unpaid payroll taxes owed to the IRS. TBGSI then ran up an additional unpaid payroll tax liability of over $2 million. Maynard transferred funds from business accounts to Maynard’s personal account to avoid IRS levies. And he conspired with a co-conspirator to falsely tell TBGSI customers that IRS levies they had received were in error, in an effort to prevent customers from sending money to the IRS.

“We thank the jury for their service in this case and appreciate the care in which they sorted through each of the 26 counts and more than 400 exhibits,” said United States Attorney Jason Dunn. “Economic crimes such as this are complicated, but thanks to the hard work of our law enforcement partners and our prosecutors, the result in this case will bring justice for the employees who were cheated of their benefits, as well as for the taxpayers.”

Maynard is scheduled to be sentenced on Aug. 12.