‘A rush to judgement,’ Attorney’s and man accused of murder sound off after charges dropped
EL PASO COUNTY, Colo. (KRDO) -- A Fountain man, accused of murdering and staging his girlfriend's death as a suicide, is expressing his frustration with being charged in the first place. Miles Kirby spent 22 days inside the El Paso County Jail on an elevated 1st-degree murder bond, accused of strangling his girlfriend, Joslyn Teetzel on July 27.
The El Paso County Coroner originally named Teetzel's cause of death as a homicide or death at the hands of another person. However, a few weeks later, the cause of death was changed to suicide. According to the autopsy report obtained by 13 Investigates, additional video evidence was reviewed that shows Teetzel walking to the couple's backyard shed alone before being found by Kirby the following morning.
Kirby's attorney, Daniel Kay, says this video conclusively shows that Kirby never approached the shed where Teezel was found dead between the time she walked out to it and when she was found the next morning.
Additionally, Kay says the Fountain Police Department failed to acknowledge that this video, which would "exonerate his client," even existed until days after a 1st-degree murder warrant was drafted and Kirby was jailed on murder charges.
"The detective who wrote that probable cause affidavit did not know what he was talking about," Kirby's attorney, Cindy Hyatt, said. "An arrest for first-degree murder on some officer's unsupported wild guess is unconscionable."
For the very first time, Miles Kirby spoke out on Monday, the day all six of his charges were dismissed., Those included murder, tampering with a deceased body and physical evidence, and committing a violent crime.
"I spent 22 days in jail wrongfully accused of murder after Joslyn's suicide. I love her and I miss her dearly. Our children lost both their mother and father because of the Fountain Police Department's failure to investigate," Kirby said.
In the day's following Kirby's arrest, Teetzel's family members recounted previous instances of domestic violence abuse at the hands of Kirby. In court Monday, there was emotional testimony from Kirby's ten-year-old daughter highlighting her recollection of prior physical abuse.
When asked about those claims, Kirby said he was never violent with his girlfriend.
"I have never been really violent with her. And the only time I ever did anything was to protect myself and my children. So, no, I was not violent," Kirby said.
Kirby and his attorney claim there is evidence where Teetzel documented suicidal thoughts, namely inside a personal journal. The El Paso County Coroner's report also mentions reviewing additional evidence that shows a "repeated history of depression and suicidal ideations."
Nonetheless, the coroner's report documents additional abrasions and injuries that were visible on Teetzel's body at the time that the autopsy report was conducted. Those injuries include abrasions and contusions on her left cheek, wrist, fingers, and lower extremities.
13 Investigates asked Kirby how these injuries would have come to be given he has denied being physically violent with his girlfriend in the past.
She would hurt herself. She was very depressed. And it's corroborated by her own notes and a few other things that are hard to talk about," Kirby said.
Daniel Kay also mentioned that there was a prior suicide attempt by Teetzel that led to a hospitalization. Kay claims this is just one piece of the evidence that Fountain PD overlooked when they made their decision to arrest his client.
"He was completely forthright. We never would have allowed him to speak to the police, but he went there on his own volition without an attorney and was interrogated for seven hours and told them the truth, and they ignored it," Kay said.
Kay and his team have not ruled out taking civil action against Fountain PD for "violating Kirby's rights," after they conduct their own investigation into how the charging decision came to be in the first place.
"Unbridled arrogance, just pure, unbridled arrogance on their part, just assuming they knew the answer before they had all the information," Hyatt said.
13 Investigates reached out to the 4th Judicial District Attorney's office requesting an interview on Kirby's murder charges being dropped. They declined to answer our questions, citing an "active ongoing investigation."
After the cause of death was changed, the Fountain Police Department issued a lengthy statement referring all future questions to the DA's office and the Coroner's office:
"The initial cause and manner of death provided by the El Paso County Coroner’s Office to detectives with the Fountain Police Department was homicide. This information, along with evidence collected at the residence, provided detectives with probable cause that a homicide was committed. An arrest warrant was drafted and signed by a judge with Colorado’s 4th Judicial District.
Miles Kirby was arrested on July 27, 2023, based on information and evidence obtained at that point in the investigation. There are many components to an investigation and the Fountain Police Department worked collaboratively with the El Paso County Coroner's Office, District Attorney's Office, and the courts to reach the best possible conclusion based on the information we knew at the time.
The evidence the Fountain Police Department collected during the investigation has not changed. Once the new information was obtained from the El Paso County Coroner's Office it is our obligation to turn over that information to the District Attorney's Office, and it's their decision to proceed however they see fit. The El Paso County Coroner's Office is the ultimate decision maker for cause and manner of death."
-- Lisa Schneider, Fountain PD Public Information Officer
Kirby's murder charges were dismissed without prejudice, meaning they can be re-filed in the future. However, Kay and Hyatt claim they are still awaiting multiple pieces of evidence from the DA's office, which is past the mandatory 21-day deadline to hand over all the evidence after someone is charged with a crime.
"It would be nice if they admitted that they got it wrong and that they made a rush to judgment. They didn't have all the information that they needed to make a decision of this magnitude and that they screwed up," Hyatt said. "I'm not holding my breath for that response from them."
