Fountain man initially arrested in girlfriend’s death has charges officially dismissed, receives limited child visitation

COLORADO SPRINGS, Colo. (KRDO) -- The El Paso County District Attorney's office told a judge Monday that it "had no recourse" in dropping charges of first-degree murder and tampering with a deceased human body against Miles Kirby, in connection to the death of his girlfriend and mother of their children, Joslyn Teetzel.

Prosecutors recently announced that they would dismiss the charges after the El Paso County Coroner's Office changed the cause of death from homicide to suicide -- which Kirby had maintained was the cause of her death all along.

Concerns expressed by Teetzel's family about Kirby's prior domestic abuse at the couple's home in Fountain, did not sway the decisions of a judge and magistrate to dismiss the charges and allow Kirby to have limited visitation of his five-year-old twin boys.

"He told my mom to go kill herself or he would do it for her," Kirby's older daughter testified, adding that she no longer wants to see him.

Teetzel's brother gave similar testimony to Judge Samuel Evig before Evig dismissed the charges.

"This is an unusual case," he said, as he apologized to the victim's family. "Rarely are the charges in a case like this dismissed before trial."

Possibly because of the likelihood of a civil trial, both sides asked Evig to see the police report and other key evidence before the case -- by law -- is sealed 35 days after the dismissal of charges.

The official decision to drop the charges against Kirby came in the second of two morning hearings -- in two different courtrooms -- 30 minutes apart at the courthouse.

In the first, Magistrate Jayne Candera-Ramsey heard arguments regarding whether Kirby should receive supervised visitation of his five-year-old twin boys, or whether -- in anticipation of the charges dropped -- he should have no restrictions.

Prosecutors again voiced their concern about accusations by the victim's family of prior domestic abuse by Kirby against Teetzel.

Both sides reached a compromise that allows Kirby to have his first two visitations this week -- one under professional supervision and the other under his mother's supervision.

Kirby must return to court Sept. 7 for an evaluation of his visitation that could be expanded if he follows required guidelines.