Montrose - Daily Press

MONTROSE — Victims of domestic abuse don't just need to get away — they need a means of doing so, and of staying out of the abusive relationship, a local panel of experts agreed Tuesday.

Success in such an endeavor includes everything from better affordable housing to civil restraining orders that can be used to keep the perpetrator out of the victim's place of work.

Assistant District Attorney Jerry Montgomery also highlighted the need for a "fast-track" docket for domestic violence cases that would lead to quicker resolution.

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In addition to benefitting defendants who want to get their cases taken care of, fast tracking domestic violence crimes through the court system would reduce the number of victims who recant.

Montgomery said economics — the need for a home, the need for income — and well-meaning family members who do not see the abuse, can push victims to change their stories out of desperation.

"Let's get rid of this attitude that if the victim goes back, they do it because they like it," Montgomery said.

There wasn't always complete agreement on every concern raised, however.

Tri County Resource's Kaye Hotsenpiller asked Montgomery and the other panelists what could be done in Montrose so that more domestic violence crimes could be charged as felonies.

"Strangulation is a severe, intimate and frequent means of physical abuse, yet is most often prosecuted as third-degree assault...but rarely charged as attempted murder," Hotsenpiller said, reading from prepared questions.

Montgomery said whether crimes that have a domestic violence element are charged as a felony or as a misdemeanor depends on the provable facts — and how state law defines the actions undertaken by a defendant.

"Just because it's domestic violence doesn't mean we can short-circuit someone's rights and call it something it's not (a felony)," he said.

Specific statutory criteria must be met before prosecutors can allege even serious bodily injury, let alone attempted murder, a crime whose elements include intent.

Montgomery said when there is evidence to support a felony charge, one will be brought.

The panelists also had a difference of opinion over the effectiveness of prohibiting everyone convicted of domestic violence from possessing firearms.

Hotsenpiller had asked whether this prohibition could be enforced to further deter domestic violence homicides in Montrose.

"We enforce court orders," Montrose Police Chief Tom Chinn said.

Protection orders issued in pending domestic violence cases carry a prohibition against possessing weapons. The law prohibits someone convicted of a domestic violence offense from owning a weapon.

"I think we get carried away with certain types of weapons," Chinn said, explaining that someone intent on harming another has a variety of weapons at his or her disposal.

This past spring, Montrose Police responded to a domestic violence incident in which a woman was accused of hitting her estranged husband with her car. She later pleaded to a lesser offense.

Chinn said he didn't want people to focus purely on guns when there are so many other weapons, and Sheriff Rick Dunlap concurred.

Dunlap said his office routinely compares its concealed-carry permit list to domestic violence convictions and pulls the permits of convicts.

Amy Miller, of the Colorado Coalition Against Domestic Violence, said that though there are many weapons, firearms can do the most damage to the most people, with the least effort.

Miller was visiting here to obtain input about how the state can best address the problem of domestic abuse.

According to state statistics, last year in Colorado, at least 33 people, seven of whom were children, died in domestic-abuse incidents. The fatal injury was most frequently inflicted by a firearm.

In July, a domestic violence incident claimed a third party — Montrose Police Sgt. David Kinterknecht, who was fatally shot. The suspect, Dennis Gurney, also shot two other officers before turning the gun on himself.

In response to Hotsenpiller, Tri-County program coordinator Becky Ela said the tragedy served to increase awareness of the problem and also of available resources.

Chinn said the tragedy had a "profound" effect in law enforcement communities throughout Western Colorado. Every officer, he said, understands the risk and trains for it, but that cannot prevent the bad actions of others.

"Will it happen again? Absolutely. Hopefully not in Montrose," he said.

"This community as a whole, I think, has opened some eyes," Dunlap said. "I think there is some awareness. Officers' alertness is heightened, because you do not know what you are walking into.

"I hope it never happens again."

Dine Out Against Domestic Violence

Area restaurants are donating all or part of their receipts tonight to combat domestic violence.

Participating restaurants are the Camp Robber and Amelia's in Montrose; Daveto's in Delta andn Home Town Café in Hotchkiss.

Details: 252-7445

 

Comments

But... wrote on Nov 7, 2009 9:11 AM:

" I was at a home where for some reason, the wife became angry and started attacking the husband. The husband only used defensive moves. I tried to calm her, she wouldn't listen. She fell after he dodged her onslaught, scraped her knees, hands and face. Neighbors called the police who came, saw the cuts, scratches and blood, arrested the husband. I gave a statement, it didn't matter. She was the one with injuries, he was guilty. No one listened. No firearms for him. It's a shame that D.V. occurs, but it's not always the man's fault. "




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Fortunate one wrote on Oct 31, 2009 10:26 AM:

" I agree we should have a fast track docket for domestic violence cases, so everyone who has connections can have there case dismissed, just like the D.A.'s very own victims advocate. "




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Unintended victim wrote on Oct 28, 2009 8:20 AM:

" And what about those who are wrongly accused? Shouldn't there be punishment for victims who are actually perpetrators and consequences for false reporting? This issue is not just black and blue. "




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