Tuesday, September 3, 2019

San Agustin malicious prosecution case continues

Posted By on Tue, Sep 3, 2019 at 4:00 PM

click to enlarge Juan San Agustin - FILE
  • FILE
  • Juan San Agustin
On Aug. 28, a federal magistrate judge dismissed former El Paso County Sheriff’s Commander Juan San Agustin’s claims against numerous law enforcement figures, but kept the suit alive against Colorado Bureau of Investigation Agent Ralph Gagliardi.

San Agustin sued El Paso County Sheriff Bill Elder, Fourth Judicial District Attorney Dan May and others, alleging they falsely accused him of being involved in the 2013 arrest of a woman, though they knew he wasn’t present.

Nevertheless, 18th Judicial District prosecutors didn’t dismiss the charges until after two failed attempts to try former Sheriff Terry Maketa on similar and additional charges.

San Agustin alleges he was framed due to his relentless assertion that Colorado prisons chief Tom Clements’ March 19, 2013, murder was a conspiracy among several gang members, not just a sole gunman, Evan Ebel, who was killed days later in a shootout with Texas authorities.

Elder has claimed Ebel acted alone.

Magistrate Michael Hegarty dismissed all but Gagliardi from the case ruling that San Agustin “alleges a plausible claim” the agent lied to the grand jury and acted with malice to prosecute him. A Sept. 17 hearing is set. County Administrator Amy Folsom called the ruling a “victory.”

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