Maketa surrenders in Gilpin County
All three former El Paso County Sheriff’s Office officials who were indicted yesterday have turned themselves in.
Former Sheriff Terry Maketa surrendered in Gilpin County and has since bonded out. Gilpin County is located in the mountains northwest of Denver. Casino town Central City is the county seat.
Former Undersheriff Paula Presley surrendered in Pueblo County Wednesday night and former Commander John San Agustin was booked into the Teller County Jail on Thursday morning. Both have since bonded out.
The counts and respective defendants, along with charge classifications, are as follows:
Extortion (F4) – Terry Maketa, Paula Presley
Conspiracy to Commit Extortion (F5) – Terry Maketa, Paula Presley
Tampering with a Witness of Victim (F4) – Terry Maketa, Paula Presley Conspiracy to Commit Tampering with a Witness or Victim (F5) – Terry Maketa, Paula Presley
Second Degree Kidnapping (F4) – Terry Maketa, Paula Presley, John San Agustin
False Imprisonment (F5) – Terry Maketa, Paula Presley, John San Agustin
First Degree Official Misconduct (M2) – Terry Maketa, Paula Presley First Degree Official Misconduct (M2) – Terry Maketa, Paula Presley First Degree Official Misconduct (M2) – Terry Maketa, Paula Presley
The investigation is being conducted by the Colorado Bureau of Investigation. The Office of the District Attorney for the 18th Judicial District has been assigned as the special prosecuting office.
“The public should remember that an indictment is merely a list of allegations and that our criminal justice system only works if we presume those indicted innocent of those allegations at this stage of the proceedings,” said 18th Judicial District Attorney George Brauchler.
El Paso County Board of Commissioners Vice-Chair Dennis Hisey released the following statement after the indictments were announced:
“We appreciate the work of the investigators, and the care they took in this case. We thank the citizens who were on the Grand Jury for their time and effort and appreciate their careful consideration of the evidence. Given the fact there are now criminal cases involving former Sheriff Terry Maketa, former Undersheriff Paula Presley and former Commander *Juan San Augustin it would be inappropriate to comment further, as we do not want to in any way influence that criminal process.”
The charges stem from an investigation that began in 2014 when news of a scandal in the sheriff’s office first broke.
Maketa is accused of having inappropriate relationships with three female subordinates, whom he later promoted. An independent investigation confirmed those findings.
The 4th Judicial District Attorney’s Office in Colorado Springs asked for help with the case to avoid any potential conflicts of interest. It was referred to the 18th Judicial District Attorney’s Office in July of 2015. The 18th Judicial District Attorney’s Office covers Arapahoe, Douglas, Elbert and Lincoln counties.
Defense attorney Richard Tegtmeier told NewsC hannel 13 that following an indictment, an individual is booked in jail, and will answer to the charges at a hearing a few days after their arrest.
Tegtmeier predicted that the attorneys for the three defendants would ask a judge to throw out the case due to lack of probable cause, despite the grand jury’s indictment.
He estimated it would take about a year before any trial takes place, and that this will be a tough case for prosecutors, due to the fact that the charges are based heavily on unrecorded statements allegedly made several years ago, as opposed to more verifiable hard evidence like DNA or fingerprints.
All three indicted will make their court appearance in the El Paso County Court House. Maketa is set to appear on June 8. San Agustin’s court date is on June 9 th at 10 a.m. Still no word on when Presley is supposed to be in court.
*Former Commander San Agustin goes by the first name John, but his legal first name is Juan.
