Pueblo Police call out legislative law in multiple releases to the public

PUEBLO, Colo (KRDO) -- On March 1st, 2022 the Misdemeanor Reform Act became a Colorado law. Since then, the Pueblo Police Department have released four press releases naming an aspect of the law and its impact on the community.

The Misdemeanor Reform Act "reforms the sentencing provisions related to misdemeanors and petty offenses" recently took effect in Colorado. Before, if someone who had already been convicted of a prior crime faced a new, specific charge, they would face the additional charge of Possession of Weapons by Previous Offenders (POWPO). Effective March 1, SB21-271 shortened the list of crimes that would qualify a felon for the charge of POWPO.

In a restraining order violation arrest, they say "despite Reno being a convicted felon, he could not be charged with Possession of a Weapon by a Previous Offender (felony) due to a new law that took effect March 1, 2022. His previous felony convictions were not VRA (Victim Rights Act) crimes."

"Two specifically that they missed the boat on is drug offenders, specifically those charged with distribution and the motor vehicle theft. Drugs and guns are involved in motor vehicle theft more often than they are not," Pueblo Police Chief Chris Noeller said.

In their most recent release on Friday, they detail an arrest 41-year-old Douglas Gibson. He was arrested for aggravated motor vehicle theft, restraining order violation, unlawful possession of a controlled substance (methamphetamine). However he was not arrested for being a felon in possession of a weapon. In this case, an assault rifle.

The release says, "Douglas is a convicted felon for drug related charges. Because his previous felony conviction is not a VRA (Victim’s Rights Act) crime, with recent changes in legislation, he could not be charged with
POWPO (Possession of A Weapon by Previous Offender)."

"My officers are repeatedly arresting the same violent offender with weapons over and over and over again, at some point they are either going to shoot my officers or my officers are going to have to shoot them," Noeller said. "When that person is in jail, when that person is in prison that's not going to happen."

The new Colorado law has drawn the ire of some legislators that say it missed the mark.

"When this major bill came through, of course, there were going to be mistakes, and it was being rushed through last year," Rep. Soper said. "Anytime you have a bill that is rushed through you have people sloppily drafting at midnight."

Matt Soper, Republican House Representative for District 54, sponsored HB22-1257 to address crimes the Misdemeanor Reform Act may have missed after he voted "no" on it last year.

HB22-1257 would add around 60 more felony offenses to the list. If passed, felons would lose the ability to own a firearm if charged for the second time.

"Someone who has committed a very dangerous felony, a heinous act should not then be allowed to have their firearm rights returned when they have committed a subsequent heinous act," Rep. Soper said.

On March 16th, Pueblo Police responded the 1500 block of E 4th St on the report of a burglary. Residents returned to their home to find it had been burglarized. A short time later, two males came to the residence, who were suspected to be involved in the burglary. The residents confronted the two males who brandished a handgun before fleeing the scene in a silver sedan.

One of the men who brandished a handgun was Christopher Esquivel, who had a warrant out for his arrest.

However, the release says, "Esquivel has prior felony convictions but was not able to be charged with
Possession of a Weapon by a Previous Offender due to none of the convictions qualifying under the current
legislature changes as of March 01, 2022."

In the three previous instances, the previous felons were arrested for other misdemeanors or felonies, and were subsequently jailed for those charges. However, that isn't always the case because of the new law.

In a release on March 15th, Pueblo Police say they engaged in a foot pursuit with a convicted felon after reports of multiple gunshots near E 11th ST and Troy Ave.

Once they contacted the man and took him into custody, they quickly learned they had to release him because the only crime he was committing was POWPO before this new law went into effect.

The release states, "The 31-year-old male has been previously convicted of 8 felony crimes, three of which were drug related. Because none of the previous convictions were Victim Rights Act (VRA) related, the charge of possession of a weapon by a previous offender, does not qualify under current legislation being considered at the state level. Prior to March 1, 2022, the male may have been arrested and charged with possession of a weapon by a previous offender, but due to recent legislature changes he was released."

Chief Noeller told KRDO another reason why he belives felons possessing guns is wrong is because they cannot obtain them legally. With POWPO being a felony on the federal level, he believes this will lead to felons using illegal means to posses guns.