State upholds former 12th Judicial District Attorney’s decision to not charge shooting suspect
SAGUACHE COUNTY, Colo. (KRDO) -- The Colorado Attorney General's Office is choosing to uphold a decision to dismiss charges against a suspected shooter despite the victim's wishes.
Taylor was arrested in October 2021 after he was accused of shooting Matthew Maka outside of a Dollar General in Moffat. The arrest affidavit indicated there was reason to believe that Maka owed Tayler money, and that's what triggered the shooting.
In a previous interview, Maka told 13 Investigates there was a struggle between Taylor and himself. That's when Taylor pulled a gun on him. Maka tried to wrestle the firearm away from him but was shot.
Over the next eight months, Maka said he became frustrated with the multiple continuances being filed in court before Payne ultimately decided to dismiss the case.
When filing the motion to dismiss, Payne cited seven reasons why the case could not proceed. One of those reasons was "The People Will be Unable To Disprove Self Defense In The Matter Beyond a Reasonable Doubt." For that reason, Payne cites a lack of self-defense evidence and claimed that Maka tried to kill Taylor, saying he had firearm residue on his hand.
Arrest documents say police observed Maka with "burn marks on his hand consistent with a muzzle blast." Maka, however, said his hand got caught in the gun's chamber while struggling for the weapon. He told 13 Investigates multiple witnesses have said Taylor shot him with intent to kill him.
"There are witnesses that I can pull that say Joe told them he shot me," Maka told 13 Investigates in a previous interview. "They responded to that by saying we don't have enough evidence. The District Attorney claimed that I could have shot myself."
Tuesday, a prosecutor with the Colorado Attorney General's Office said they felt "bound" by the decision to dismiss filed by former DA Payne. They said it was the former District Attorney's "prosecutorial discretion" to drop the case and they are going to adhere to that decision.
Payne submitted his resignation on July 14, 2022. That came one day after Colorado Attorney General Phil Weiser announced that Payne had "routinely failed to communicate with victims, consult with them about plea deals or case dismissals, or treat them with respect and dignity."
According to an investigation into violations of the Victim Rights Act revealed "systemic problems" in the DA's office.
However, the case is "silent" on whether or not it can be refiled. That means the case could be refiled if new evidence comes to light.
As of now, Taylor is out of custody and not facing any charges.
After hearing this decision, Maka said "There is no justice here."
