Denver Deputy Arrested in Inmate’s Escape

A Denver Sheriff’s Deputy is charged with aiding the escape of a dangerous inmate, Felix Trujillo, who walked out of the county jail wearing a deputy’s uniform.   The charge is a class 3 felony with the potential for lengthy prison.   There is little public information available right now, and no one should jump to any conclusions about the case.  However, it was reported that the deputy claimed Trujillo had threatened to harm the deputy’s family, and perhaps that was used as leverage to get the deputy to help him.

If this is true, it sets up a possible “duress” defense to the charges against the deputy.  Duress is an affirmative defense to a crime that admits the conduct but explains it.  It is a path to acquittal, as the district attorney must prove beyond a reasonable doubt that the defense of duress does not apply.  The law provides that duress occurs when

1. the defendant engaged in the prohibited conduct at direction of another,
2. because of the use or threatened use of unlawful force upon him or upon another person,
3. which  a  reasonable  person  in  the  defendant’s situation would have been unable to resist, and
4. the defendant did not intentionally or recklessly place himself in a situation where it was foreseeable that he would be subjected to such force or threatened use thereof.

Many more facts would be necessary to evaluate whether the deputy has a plausible claim of duress, but as a defense lawyer this would be critical to explore.  At trial, the most important consideration could be whether the deputy’s actions were reasonable under the circumstances.  Was his fear legitimate?  Did he have a good reason to believe that Trujillo was in a position to have the deputy’s family harmed, perhaps through affiliates that were out of custody?  Were there other steps he could have taken to protect his family? Was Evan Ebel’s murder of the Colorado prison chief Tom Clements on the deputy’s mind?  The wide reach of prison gangs has been in the news following the murder of Tom Clements, which might provide the deputy some justification in his fear.  On the other hand, as law enforcement, the deputy will likely be held to a higher standard– if law enforcement let everybody go who threatened them, they would not be doing their job.  Moreover, they are in the best position to utilize other resources for reporting crime and protecting innocent people.

Again, this is just a hypothetical discussion of how the defense of duress works.  Almost no facts regarding this case are publicly known, and no one should jump to conclusions.  But a criminal trial lawyer defending the deputy will explore these possibilities, as well as other defenses.  Even if a duress claim can not be developed sufficiently to get a dismissal or acquittal, such evidence may earn the deputy sympathy and help him get a better plea bargain.