Former judge calls for investigation into DA and Sheriff following Club Q shooting
EL PASO COUNTY, Colo. (KRDO) -- A former Pueblo District Court judge of nearly three decades is calling on an investigation into the El Paso County Sheriff’s Office (EPCSO) and Fourth Judicial District Attorney’s Office for their actions following the 2021 arrest of the individual who would eventually be accused of shooting up Club Q.
Dennis Maes served more than two decades as a 10th Judicial District judge in Pueblo and was a chief judge for 17 years. Maes’ footprint in Pueblo’s court system is so large that the judicial building is currently named after him.
Maes tells 13 Investigates he feels either the Colorado Bureau of Investigations or the Colorado Attorney Generals' Office ought to take a closer look at El Paso County Sheriff Bill Elder and Fourth Judicial District Attorney Michael Allen’s history when it pertains to policing and prosecuting accused Club Q shooter Anderson Aldrich.
“We’re talking about five people that are dead,” Maes told 13 Investigates. “The reason for the investigation would be to make sure this doesn't happen again.”
Aldrich is accused of killing five people and injuring many more at the LGBTQ nightclub, Club Q, back in November.
Maes doesn’t believe Sheriff Elder or DA Allen’s actions or inactions are responsible for the mass shooting. However, Maes feels that some of the decisions by both public officials are worthy of scrutiny.
The accused shooter was also arrested back in 2021 related to a supposed bomb threat in a Lorson Ranch neighborhood in El Paso County. Aldrich was facing several charges including menacing stemming from that investigation. However, the case was later dismissed by a district court judge.
According to court records pertaining to the 2021 arrest, Aldrich’s grandmother said they were making bombs in the basement.
The grandmother said Aldrich said they wanted to be the next mass shooter according to what the grandmother told authorities. Both of Aldrich's grandparents said they were living in fear due to homicidal threats from Aldrich.
Following their 2021 arrest, all of Aldrich’s firearms were taken by law enforcement. When they were released on bond, the judge issued a Mandatory Protection Order (MPO). The MPO did not permit Aldrich to legally purchase or possess any firearms.
“From the initial responding Patrol Division personnel to the Tactical Support Unit (TSU), to the involved detectives, everything lawfully possible was accomplished by EPSO personnel in accordance with applicable and available state laws to keep weapons away from Aldrich and protect the public,” the El Paso County Sheriff’s Office said in a statement.
However, Maes doesn’t feel that’s the case. He feels the EPCSO should’ve filed an Extreme Risk Protection Order (ERPO) in Civil Court.
Associated with Colorado’s Red Flag Law, a family member, household member, or a member of law enforcement can request an ERPO for anyone that is deemed a threat to themselves or others in the near future. If granted, an ERPO allows for the seizure of firearms by law enforcement for up to 364 days or until the respondent might successfully petition the court to terminate the ERPO.
“I think law enforcement ought to use every available means that they have to provide protection of the public. And if that means two or three different options, then use two or three different options,” Maes said
In August, when their case was dismissed, Aldrich was permitted to legally purchase firearms again.
The EPCSO says there was never a point in time EPSO needed to file for an ERPO. The MPO already prevented Aldrich from lawfully possessing firearms.
“To have petitioned for an ERPO after an MPO was issued would have been redundant and unnecessary,” the sheriff’s office said via statement.
It's unclear how Aldrich obtained the firearms he possessed at Club Q the night of the shooting.
Across the street from the El Paso County Sheriff’s Office, District Attorney Michael Allen says his office couldn’t have done more when it came to Aldrich’s 2021 arrest.
“We did everything we could on that case,” Allen said during a press conference two weeks ago. “(The case) was prosecuted all the way up to almost the end of speedy trial and that the court then dismissed properly that case because the witnesses were not cooperating.”
However, Maes argues this wasn’t an aggressive prosecution at all.
“‘I’m not going to testify. I don't want to testify.’ Well, I've heard on numerous occasions that the district attorney's office say it's not your choice,” Maes said. “It's The People of the State of Colorado, we prosecute the case. As a matter of fact, they proceed with them and then they use the evidence that they have that they gathered during the course of the investigation, even though they might have a hostile witness.”
The El Paso County Sheriff’s Office and Fourth Judicial District Attorney’s office declined interviews for this story, however, they did provide 13 Investigates previous statements. Additionally, the DA's office provided the following statement:
As stated in the detailed press conference on December 8, 2022, this office actively prosecuted the prior case and it is unfortunate that a retired judge would stray so far from the truth.
Office of the District Attorney
Fourth Judicial District of Colorado
