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Colorado lawmakers will go after parents | BRAUCHLER

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Colorado lawmakers will go after parents | BRAUCHLER







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George Brauchler



Shortly after the Michigan parents of a juvenile school shooter were sentenced to prison last month for their roles in the arming of their son and his subsequent murder of four sudents and shooting of seven others, Gazette Executive Editor Vince Bzdek explored whether parents should be criminally responsible for their kid’s criminal conduct — especially mass shootings.

The prosecution in Michigan is factually unique and unlikely to be replicable in Colorado absent our legislature’s change to our laws — and that is what is coming for us. Next session. Be aware.

To be clear: The Crumbley parents engaged in inexplicable behavior and unjustifiable lapses in judgment. I believe they would have been prosecuted here, but it would have been more complicated. The Crumbley parents were more easily prosecuted under Michigan laws we do not have here — yet. Colorado does not have an Involuntary Manslaughter charge, like Michigan’s, that contains provisions specific to firearms, the failure to perform a legal duty and “gross negligence.”

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Colorado’s homicide statutes decrease in severity from first- to second-degree murder to manslaughter to criminally negligent homicide. Our manslaughter charge is based on recklessness, which is similar — but not an exact match — for Michigan’s “gross negligence.”

The significant difference between our laws lies in Michigan’s ability to prosecute someone for failure to perform a legal duty. Michigan allows prosecution of a person who “willfully neglected or refused to perform (a legal) duty and (his / her) failure to perform it was grossly negligent to human life.” That fits the Crumbleys. As the elected district attorney told the jury during trial, the parents were “not on trial for what (their) son did,” but “for what (they) did and for what (they) didn’t do.”

This is the change we should expect next year’s legislature to enact, because it simultaneously attacks two things the progressives in power dislike: guns and parents.

Gov. Jared Polis and Democrats in the legislature have continued a relentless march toward making gun ownership by the law-abiding either completely illegal, or so risky many will choose not to exercise their constitutional right to bear arms. At the same time, they have done nothing to discourage or punish criminals with guns.

The legislature made it a crime for law-abiding Coloradans not to lock up their firearms in their houses and cars. Yet, this year’s Democrats refused to increase the penalties for criminals who break into cars to steal those same guns. Lawful gun owners who have never misused their firearms are on the verge of having to carry attorney-enriching liability insurance for exercising their Second Amendment rights, while those who have committed felonies — including drug dealing and car theft — can now possess guns under Colorado law (thank you, Attorney General Phil Weiser). Local governments are entrusted to whittle away gun rights by limiting what firearms can be possessed, but they cannot be trusted to decide who and under what conditions a concealed-carry permit is to be issued.

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While extremists like Hamas-celebrant Tim Hernandez and Israel-hating Elisabeth Epps work to pass laws blaming and punishing everyone except the evil-doer who pulled the trigger killing someone, Coloradans should know legal theories predicated on parental failure to intervene to prevent “gun violence”  would have been irrelevant in every mass shooting case I have handled.

Columbine: The parents immediately lawyered up and provided no statement to law enforcement. The weapons obtained by the evil killers were obtained either illegally (the TEC DC-9), and the wrongdoers went to prison, or legally (the long rifles), by the girlfriend of one of the murderers. Nobody knew what they intended to do. One shooter hid the homemade pipe bombs, magazines, web gear and rifle in his locked bedroom. An appropriately nosey parent would have discovered it — my mom (an appropriately nosey mom) would have discovered it.

Aurora Theater: Everything was purchased legally, including the four firearms, thousands of rounds of ammo, body armor, the building blocks for the apartment bombs and the “road stars” for puncturing police tires as the killer envisioned them chasing him. He spread the purchases around using different methods of payment to avoid detection.

Arapahoe High School: the 18-year-old killer murdered innocent Clair Davis with a legally purchased shotgun.

Mountain Vista High School: Two 16-year-old girls planned a Columbine-style mass shooting that was averted by a nosey parent and DCSO text-a-tip. The would-be killers made efforts to obtain a handgun illegally, but had thus far failed.

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STEM School: the 16- and 18-year-old murderers of hero Kendrick Castillo five years ago broke into a parent’s safe with an axe and crowbar to steal four weapons and ammunition.

The issue of parental responsibility for the conduct of children is real and parents like the Crumbleys are rightly held accountable under the law. However, the current discussions and inevitable exploration by our liberal lawmakers of ways to make it easier to criminally prosecute and incarcerate parents is a double-edged sword. It takes little imagination to envision a prosecutor using such a law to target parents of gang members (or is it “gang-involved individuals”?) or bullies or recalcitrant youth or even juveniles who have previously offended.

The Crumbleys are an outlier best addressed under our current laws. But take heed, Colorado parents and gun-owners — unless November’s elections change things under the Gold Dome — expect the legislature to make it easier to prosecute you for the misdeeds of your kids, especially if they involve the use of a firearm.

George Brauchler is the former district attorney for the 18th Judicial District and is a candidate for district attorney in the newly created 23rd Judicial District. He has served as an Owens Early Criminal Justice Fellow at the Common Sense Institute. Follow him on Twitter(X): @GeorgeBrauchler.



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Colorado Peak Claims Another Life

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Colorado Peak Claims Another Life



A weekend ascent of one of Colorado’s most storied peaks turned fatal Sunday. Rocky Mountain National Park officials say a climber died on Kiener’s Route on the upper east face of Longs Peak, the 14,259-foot summit west of Estes Park, per KMGH. Search and rescue teams were alerted early Sunday afternoon; a Teton County helicopter assisted in the recovery, which wrapped up Monday morning.


Authorities have not released the climber’s identity or explained what went wrong, and the investigation is ongoing. More than 70 people have died climbing Longs Peak, the park’s tallest mountain, since the park was founded more than a century ago, per the Coloradoan. Indeed, the very first ascent via Kiener’s Route in 1925 proved fatal, per USA Today. The route—temporarily closed but since reopened—is considered the least technical way up Longs’ steep east face, requiring “intermediate alpine climbing skills” and a day or two of climbing, the outlet reports.

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3 firefighters killed in Colorado remembered for their bravery

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3 firefighters killed in Colorado remembered for their bravery


With wildfires burning across many Western states, wildland firefighters gathered Sunday to pay tribute to three of their own who died after they were trapped by flames a week ago.

Emily Barker, Nick Hutcherson and Sydney Watson were remembered as courageous public servants who left a lasting impact on the communities where they worked.

“They showed up to make order out of chaos day after day with purpose, dedication and heart,” U.S. Wildland Fire Service Chief Brian Fennessy said during a memorial service in Grand Junction, Colorado, near where the firefighters died while battling flames on the Colorado-Utah border.

While that fire is now almost entirely contained, nearly 40 large fires are still going strong across the West. Most of the current fires are scattered around Colorado, Utah and New Mexico while there are wildfires in eight other states — from Alaska to Arizona.

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Over the holiday weekend, more evacuations in Colorado were ordered across four counties where the Aspen Acres fire had burned about 136 square miles (352 square kilometers) south of Colorado Springs.

The fire had damaged or destroyed more than 200 structures as of Sunday, authorities said. National Guard soldiers were sent in Friday to help with staffing checkpoints on roads near the fire zone.

Months of dry weather and a record lack of snow this past winter in some places along with erratic winds have been fueling the fires.

The three firefighters killed on June 27 in western Colorado were members of a Helitack crew that sometimes drops into remote areas by helicopters.

Barker, Hutcherson and Watson and two others who sustained burn injuries were overcome by flames from fast-moving fires in Mesa County. They had deployed emergency protective shelters, which are considered a “last resort” for firefighters when there is no other way out.

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Fennessy, the Wildland Fire Service chief, said Sunday that “the weight of this tragedy is felt way beyond our wildland fire community.”

Photos of the firefighters were set up on the stage at the memorial service alongside flowers and flags.

They worked jobs that require courage, selflessness, strength and heart, said Sarah Fisher, the U.S. Forest Service’s deputy chief for fire and aviation management.

“The work demands long days, heavy burdens and quiet acts of bravery,” she said. “We will remember them, we will honor their legacy and we will carry their light forward.”

Emily Barker

Barker, 38, had so much spirit, and the people around her always strived to be a better person by her presence, said Sarah Brubeck Schnurbusch, a friend and former roommate.

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Barker was from Clinton Township, Michigan, and liked hiking, skiing, dirt biking and playing hockey. She loved firefighting.

“I’ve never seen someone so excited to go to work,” Brubeck Schnurbusch said. She added that her friend helped pave the way for many women in the industry.

Barker was a trailblazer, first working as a teacher “shaping young lives,” Fennessy said.

“She didn’t just live in wild places, she helped to shape them, care for them and make them better,” he said.

Nick Hutcherson

Hutcherson, 27, served in the U.S. Navy and had plans to become a physical therapy doctor, according to the Kaibab National Forest in northern Arizona where he was assigned. He was also an active member of the Northern Arizona Deaf and American Sign Language community.

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Hutcherson, who was from Glendale, Arizona, “embodied the spirit of public service” Fennessy said.

He was a dedicated practitioner of Muay Thai martial arts who trained in Flagstaff.

His favorite saying was “easy day,” Fennessy said, “because Nick had an uncommon ability to face hard things with optimism, humility and a smile.”

Sydney Watson

Watson, 27, was from Warrior, Alabama, and a graduate of the University of Tennessee Southern, where she was a pitcher on the softball team, the university said.

In 2023, she participated in a program in North Carolina organized by the Women-in-Fire Prescribed Fire Training Exchanges, the group said. In her application, she said she wanted to see more women on the fire line and to learn from other women in the field, the university said.

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“From the time she was very young, she knew she wanted to be a firefighter someday,” Fennessy said.

“I have no doubt she inspired many young women to become a firefighter,” he said.



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Showers and thunderstorms forecast for Colorado’s high country as wildfires rage across the state

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Showers and thunderstorms forecast for Colorado’s high country as wildfires rage across the state


Following several days of hot, dry weather, Colorado’s Western Slope is poised to see a period of rainy skies with possible thunderstorms ahead of what meteorologists expect to be an active monsoon season arriving later this summer.

Beginning Tuesday, a wave of energy is expected to track across the Northern and Central Rockies, leading to a significant uptick in thunderstorm activity statewide, according to a July 6 report from OpenSnow Meteorologist Alan Smith.

The forecast shows a moderate-to-high chance of showers and thunderstorms across the High Country beginning Tuesday afternoon, with patchy smoke lingering from the morning through the early afternoon due to active fires located across Southeast Utah and Southern Colorado.



Wednesday is expected to bring more of the same, with up to a 40% chance of showers and thunderstorms and possible wind gusts up to 25 miles per hour across the northern and central mountains, according to the National Weather Service. Thunderstorms could become more scattered with limited moisture on Thursday, followed by a return to clear skies by Friday.

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Temperatures across the northern and central mountains are forecast to sit in the 70s and 80s throughout the week, with some areas, including Glenwood Springs and Steamboat Springs, reaching into the 90s by the weekend as hot and dry conditions once again take hold of the region.



Little-to-no impact on wildfire risk

While stronger storms throughout the week could produce locally heavy rain in some of the mountains, drier air at lower elevations could lead to a “dry thunderstorm” setup when paired with gusty winds and limited rainfall, especially on Thursday, Smith wrote in the report.

The possibility of dry thunderstorms — bringing lightning strikes on dry vegetation with no rain to extinguish the resulting sparks — could heighten wildfire risk in drought-stricken regions of the state.

“There is still some concern about what thunderstorm outflow winds could do to ongoing wildfires if these fires themselves do not receive meaningful rain,” Smith wrote.

Gillian Felton, a Grand Junction meteorologist with the National Weather Service, said it’s hard to say whether the upcoming showers will impact the state’s extreme fire risk. Because the showers and thunderstorms forecast for this week likely won’t be dropping a significant amount of precipitation, it presumably won’t do much to impact existing wildfires across the state.

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Much of Colorado’s Western Slope remains in the highest level of drought as of July 2, according to the U.S. Drought Monitor.

“Even though we are getting this push of moisture, it’s really rather weak,” Felton said. “While some localized areas might see more precipitation than others, overall, this moisture moves through quickly and we get right back to very dry, very hot conditions.”

Is monsoon season officially here?

Though this week’s rainy forecast marks a temporary uptick in moisture, Felton said it doesn’t yet signal the start of Colorado’s monsoon season.

“We pretty quickly will return to drier weather,” Felton said. “By Friday, anomalously dry air moves back in, and we’re looking at very hot and very dry conditions this weekend. This little push of moisture we’re getting is nice, but it’s going to be quite short-lived.”

Although hot and dry conditions will take hold across Colorado’s mountains over the weekend, confidence is growing that significant monsoon moisture could surge into the Western U.S. sometime during the week of July 13, though it will likely hit the Northern and Central Rockies before it arrives in Colorado.

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“The core of this monsoon moisture surge is coming out of the Gulf of California with strong southerly flow, which may favor Arizona, Utah, Wyoming, Nevada, Eastern Idaho, and the Sierra (Nevada) in California,” Smith wrote in the report. “But this moisture should eventually spread into Western Colorado as well, which is in great need of meaningful rains given the ongoing fire situation.”

Longer-range models are hinting at an overall active monsoon for the second half of July and into August, according to Smith.





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