Update: Members of legal community: ‘It would be difficult to miss three felonies’
UPDATE (Thursday, Oct. 29)
Members of the legal community said it would be difficult to miss three felonies that apparently slipped through the cracks in an El Paso County man’s case.
Jimmie Brewer was given a $5,000 bond for three felonies and a misdemeanor for alleged sex crimes against a child. Another judge has since raised the bond to $50,000 following KRDO NewsChannel 13’s reports.
According to audio and a court transcript, in the advisement to set Brewer’s bond, Judge Evelyn Hernandez-Sullivan read Brewer’s misdemeanor charge, but did not read his three felony charges. District Attorney Dan May has said publicly that his prosecutor, Nathaniel Marsh, missed three felonies because the judge didn’t read them and that’s why Marsh asked for $5,000 bond.
In that same court transcript, Marsh said he asked for the bond based on the paperwork.
AttorneyRick Bednarski looked over the paperwork and pointed out the four charges listed on three different pages.
Retired District Judge Victor Reyes said the prosecutor would have seen the charges on the paperwork. In addition, Brewer’s case number contains “CR” which means felony charges are involved. Reyes said these are several ways the prosecutor should have noticed the felonies and alerted the judge.
“It’s still the responsibility of an attorney if they hear the judge has made a mistake, especially a district attorney, to correct that error.”
The District Attorney’s Office would not answer questions as to how their prosecutor missed the charges listed in the paperwork and why the mistake wasn’t corrected.
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UPDATE (Wednesday, Oct. 28)
Jimmie Brewer’s bond was raised to $50,000 Wednesday and Brewer was taken back into custody.
Brewer’s lawyer tells KRDO NewsChannel 13 that his client will post bond tonight.
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UPDATE (Tuesday, Oct. 27)
An El Paso County District Court chief judge explained Tuesday there is no oversight to make sure judges do not give out bonds that are too low because only a judge on that case knows enough information to decide.
“We don’t look at individual cases, I won’t look at judge’s case and say, no, you should have set bond higher or lower,” said Chief Judge Gilbert Martinez.
Judge Evelyn Hernandez-Sullivan and prosecutor Nathaniel Marsh from the El Paso County District Attorney’s Office agreed on Jimmie Brewer’s $5,000. Brewer faces three felonies and a misdemeanor charge for alleged sex crimes against a child. According to a transcript obtained by KRDO NewsChannel 13, Marsh suggested the bond and Hernandez-Sullivan approved it.
Martinez could not talk about specific cases, but said the judge has the final say.
“It’s each judge’s discretion because they know the individual case and the facts of the case,” said Martinez.
District Attorney Dan May said publicly that Hernandez-Sullivan is to blame for Brewer’s low bond because she only read the misdemeanor charge during Brewer’s advisement. May said Marsh did not know about the three other felonies and so he suggested a $5,000 bond based on the misdemeanor.
However, retired judge Victor Reyes said it wouldn’t be possible for Marsh to be unaware of the charges because the District Attorney’s office decides on the charges. Also, Reyes said pointed out Herandez-Sullivan read the case number allowed in the advisement, and the “CR” at the beginning of the case number means it involves felonies. He said Marsh should have corrected the judge after only hearing Hernandez-Sullivan read the misdemeanor charge.
District Attorney spokesperson Lee Richards would not return KRDO NewsChannel 13’s requests for additional information. May said KRDO NewsChannel 13’s story was incorrect, but would not offer an explanation. May also did not return KRDO NewsChannel 13’s request for information as to why Marsh didn’t correct Hernandez-Sullivan and inform her of the extent of the charges Brewer faced.
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UPDATE (Monday, Oct. 26)
Fourth Judicial District Attorney Dan May said there are inaccuracies in KRDO NewsChannel 13’s report about Jimmie Brewer’s bond, but May refused to answer questions Monday and demanded the story by removed from KRDO’s website.
May and D.A. spokesperson Lee Richards said KRDO NewsChannel 13 was incorrect in saying Brewer received a low bond because of his wife Marsha Brewer’s political connections.
However, on Monday, May would not answer why a prosecutor from his office asked a judge presiding over Brewer’s case for a $5,000 bond. He would also not say why his office refused to return KRDO reporters and management’s request for an interview and documents requested under the Colorado Open Records Act in the days before and after the story aired. Richards said in an email that the allegations were false, but would not answer KRDO’s requests for additional information and documentation and continued to refuse on Monday.
Brewer has a bond hearing scheduled for Wednesday.
We will continue to follow developments and seek answers.
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UPDATE (Wednesday, 2:15 a.m.):
Marsha Brewer has announced she would not seek the Republican Party nomination for El Paso County Commissioner District 4.
“To be an effective Candidate requires a great deal of time and attention. Due to a change in my personal circumstances, I will not be able to devote the time and attention I believe is necessary to be an effective Candidate and Commissioner. I wish the other Candidates and the citizens of Commissioner District 4 the very best,” stated Brewer “there are some excellent Candidates in this race and I look forward to supporting the Party’s nominee in June.”
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An El Paso County man’s low bond is raising concerns, because of his alleged crimes and his wife’s political connections.
Jimmie Brewer was arrested last week for alleged sex crimes against a child. His charges include three felonies: sexual assault on a child under 15 by one in a position of trust,sexual assault on a child under 18 by one in a position of trust and incest. He also faces a misdemeanor charge for sexual contact without consent.
His bond was set at $5,000. He posted bond the next day.
“It’s insane, it’s absolutely sick,” said bail bondsman Bobby Brown.
Brown has worked in the bail-bonds business for 25 years and he said he was shocked to find out Jimmie Brewer had such a low bond. Brown pointed out traffic offenses with higher bonds. He also recently worked on a case where a person accused of criminal mischief under $100, for something like breaking a window, had a $15,000 bond.
Brown said each of Jimmie Brewer’s charges should have been $25,000 and Brown said similar cases with have $100,000 bonds.
“$5,000 is insanity, it’s insanity,” said Brown. “That’s why I said sometimes it’s who you know, because it’s totally outrageous.”
Jimmie Brewer’s wife, Marsha Brewer, has climbed the ranks in the local Republican Party since the late 1980s. In January, she was elected president of the El Paso County Republican Women’s Club. She is now running for El Paso County commissioner for District 4.
Sources said Brewer contacted the 4th Judicial District Attorney’s Office after her husband’s arrest. A spokesperson for the DA’s office denied the allegations, but the district attorney would not do an interview with KRDO NewsChannel 13. The spokesperson did not respond to further questions about the county prosecutors who were involved in deciding Jimmie Brewer’s bond.
The judge who informed Jimmie Brewer of the bond, Magistrate Evelyn Hernandez-Sullivan did not return KRDO NewsChannel 13’s requests for an interview.
When confronted about the allegations, Marsha Brewer would not answer KRDO NewsChannel 13 and threatened to call the El Paso County Sheriff’s Office.
According to Jimmie Brewer’s arrest warrant, the child said she told Marsha Brewer about the abuse but said Marsha Brewer didn’t report it. Marsha Brewer sent a text message to the child in September apologizing for Jimmie Brewer’s actions.
The El Paso County Sheriff’s Office said the child’s mom found out and called law enforcement.
The text that Marsha Brewer sent the child could not be released by the Sheriff’s Office because it is part of the investigation.
