Tuesday, November 13, 2018

County hires defense attorneys for malicious prosecution case

Posted By on Tue, Nov 13, 2018 at 11:30 AM

click to enlarge John San Agustin Jr. sued many officials from El Paso and Arapahoe counties, as well as the Colorado Bureau of Investigation. - COURTESY EL PASO COUNTY SHERIFF'S OFFICE
  • Courtesy El Paso County Sheriff's Office
  • John San Agustin Jr. sued many officials from El Paso and Arapahoe counties, as well as the Colorado Bureau of Investigation.
El Paso County might face some pretty steep legal bills in defending various parties named as defendants in a recent lawsuit.

Former Sheriff's Commander John San Agustin Jr. filed a lawsuit last month alleging wrongful prosecution in a case he said was railroaded by a plethora of officials, including Sheriff Bill Elder and District Attorney Dan May.

County Attorney Amy Folsom says the county is in the process of finalizing agreements with several law firms to represent various defendants. They need separate counsel because each person's interest may run contrary to another's.

So far, four firms have been chosen. Those firms and their clients in the case are:

• Sherman and Howard — Sheriff's Office, Sheriff Bill Elder and Undersheriff Joe Breister

• Vaughan and DeMuro — 4th Judicial District Attorney's Office, DA Dan May and former Chief Deputy DA Shannon Gerhart

• Wells, Anderson & Race — county legal advisor Lisa Kirkman

• Bruno and Bruno — former Sheriff's Deputy Robert Jawarski

"After consultation with our own ethics counsel, the County Attorney’s office has determined that we have conflicts that will not allow us to defend any named defendant in this matter," Folsom reports via email. "Purchase Orders for the payment of the attorneys’ services will be opened and approved by the Board [of County Commissioners]. A decision on the amount of the purchase orders has not yet been made."

The lawsuit:
 

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