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Charges dropped against 11th Judicial Deputy District Attorney for parking lot confrontation

KRDO

CAÑON CITY, Colo. (KRDO) -- Harassment and disorderly conduct charges against an 11th Judicial Deputy District Attorney have been dropped.

A month ago, 13 Investigates obtained video of an altercation involving Deputy District Attorney Wendy Owens in a Safeway parking lot in Cañon City. The video shows her flipping off a driver before coming up to his car and cussing at him to “pay attention.” In the video, Owens said the driver, Dan Francis, almost hit her with his car.

Francis told 13 Investigates he was driving through the busy parking lot when Owens walked in front of his car without looking. She kept walking before turning around and placing herself in front of the car.

In the video, Owens accused Francis of being on his phone, but Francis claims it was Owens who wasn’t paying attention.

At the time, Francis said he didn’t know who the woman was. When he learned she was part of the DA's office, that's when he decided to press charges for harassment and disorderly conduct.

The criminal case was transferred to a special prosecutor in the 4th Judicial District in El Paso County due to a conflict of interest.

In March, the case was sent to arbitration to see if Owens and Francis could work it out before any court proceedings. Francis said they couldn’t come to an agreement.

“You shouldn't be an attorney,” Francis said he told Owens in arbitration. “I'm just letting you know I'm going to send this back to the courts and let them decide, because I think it's their opinion, it's their decision.”

On Tuesday, Francis received a call from the 4th Judicial District saying the case was dismissed, which Owens’ attorney, Rick Bednarski, confirmed to 13 Investigates on Wednesday.

“I am pleased with the DA’s decision to dismiss and glad the system worked,” Owens said in a statement.

Francis said it’s a “shame she got a free pass.”

“This lady is supposed to be held to a higher means and a higher standard, and she's not, so sure the system works for her,” he said.

Francis shared a message from the 4th Judicial District Attorney’s Office saying Owens was “referred to the adult diversion program.” According to the website, “The Adult Diversion Program holds offenders accountable for their actions while providing intervention and supervision geared toward positive decision making and productive citizenship.”

This isn’t the first time Owens has found herself in trouble as a lawyer. Nine months ago, the Wyoming State Bar publicly censored her for not following what her client asked. According to the censure, Owens failed to file an objection or response on multiple occasions for her client.

When Francis learned about the public censorship in Wyoming, he reported it to the Colorado Supreme Court. He said he is still in contact with the Colorado Supreme Court about his complaint and that Owens’ bar license is still in jeopardy.

“We just gave her a free pass,” Francis said. “She got off. It's a shame. It's not even about me. It's going to fail somebody else because they're going to let her stay in office.”

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Quinn Ritzdorf

Quinn is a reporter with the 13 Investigates team. Learn more about him here.

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