Dougherty Clan Charged in Huerfano
(September 1, 2011)
No charges against Dougherty’s in Pueblo County
SPRHC stuck with $25,400 bill to treat siblings
By Cathy Mullens
Pueblo prosecutors filed court documents Monday declining to file charges against the Dougherty siblings who have been charged with Attempted Murder here in Huerfano County.
Deputy D.A. Jim Coursey filed papers with the court saying the Tenth Judicial District Attorney’s Office will not be filing charges for the high speed chase which began Aug. 10 in Pueblo County and ended with the apprehension of the three in Walsenburg.
District Attorney Bill Thiebaut said an argument can be made that Pueblo County is an appropriate place to file charges as the chase of the trio of suspected bank robbers began there and continued into Huerfano County but he agrees “jurisdiction and venue…is proper in the Third Judicial District”.
All three Doughertys, Lee Grace, 29; Ryan, 22, and Dylan Stanley-Dougherty, 26 are being held in the Huerfano County Jail and each has a $1.5 million bond. They did not appear Monday in Pueblo District Court.
Sheriff Bruce Newman told The Signature the Huerfano County jail is sufficient to house these prisoners. “Our facility is secure enough for them.”
Frank Ruybalid, District Attorney for the Third, which is comprised of Las Animas and Huerfano counties, filed dozens of charges here including Assault on a Peace Officer, sentence enhancers of Crimes of Violence and Theft. An all-day preliminary hearing has been set for Sept. 20 in Huerfano District Court for the Dougherty’s.
According to information from the hospital, Spanish Peaks Regional Health Center is faced with $24,500 in costs from the treatment of the three Dougherty siblings on August 10. After the car flipped on I-25 all three were taken to the medical center for care.
Lee Grace was reportedly shot in the leg by Walsenburg Police Chief James Chamberlain after brandishing a machine pistol at him. “It’s a cost we bear as a hospital,” said Todd Oberheu, hospital CEO.
(August 25, 2011, Page 1) Dougherty siblings charged with attempted murder Assault charged for shooting at Walsenburg Police Chief and Sheriff Deputies By Cathy Mullens Tight security ringed the Huerfano County Courthouse Monday as the Dougherty siblings were advised of attempted murder charges following their nationwide crime spree which ended Aug. 10 in Walsenburg. Dylan Stanley Dougherty, 26, appeared in court with his right arm bandaged and waived the reading of some 23 charges against him. Lee Grace Dougherty, 29, was somber and had clenched fists as she also waived formal advisement. She faces 29 counts, including five counts of attempted Second Degree Murder. Ryan Dougherty, 21, his head newly shaved, also waived reading of charges and has 24 pending charges in Huerfano County. The Doughertys face possible felony charges in both Georgia and Florida as well as federal charges for an alleged bank robbery in Georgia. They had been on the run for approximately a week when they were spotted by law enforcement in Pueblo County, near Colorado City on Aug. 10. A 22-mile highspeed chase ensued with the Doughertys’ shooting at the pursuing State Troopers and crashing their car. After hitting stop sticks and nearly flipping the car at Exit 52, just north of Walsenburg, the trio took off on foot but were quickly subdued and taken into custody. Police Chief James Chamber-lain, W.P.D., who assisted in the arrests, approached Lee Grace and ordered her to drop her weapon. Instead she pointed the machine pistol at him. He fired his .40 caliber handgun at Lee Grace, wounding her in the leg. “I pointed the gun at the cop,” she said later in an interview with Federal Agents, “I deserved to get shot.” Ryan and Dylan each have five counts of attempted Second Degree Murder, class two felonies, for firing at pursuing state troopers as they roared down I-25, sometimes reaching speeds of 120 M.P.H. They also face multiple counts of First Degree Assault on a Peace Officer, class three felonies, and sentence enhancers of Crimes of Violence, charging they used deadly weapons during this crime spree. Two AK-47's (assault rifles) were recovered from the vehicle, according to police reports. Troopers Clayton Mock, Gary Schaaf, Mark Bruneta, Brian Kohjnlein and Pueblo County Deputy Robbie Newsome are listed as victims of the attempted murder and First Degree Assault charges for Dylan and Ryan. Chief Chamberlain is listed as a First Degree Assault victim in Lee Grace's charges along with Huerfano County Sheriff Officers Craig Lessar and Joe Albano. Trooper Mark Bruneta, C.S.P., reported hearing gunshots coming from the Dougherty vehicle at mile marker 67 on I-25. Bruneta was the lead vehicle in the chase from Colorado City to Walsenburg, according to court documents. When questioned, Lee Grace said she didn't shoot anyone. She also said they weren't trying to hurt anyone “We just wanted them to get back.” She also said her brother, Ryan, was driving and said, “...a person can't drive and shoot a gun at the same time...” Monday's hearing was brief with very little heard from the Dougherty’s except a quiet “yes sir” when Judge Claude Appel asked Lee Grace if she was indeed Lee Grace Daugherty. Lee Grace is represented in Huerfano County by Patrick McCarville of the Office of the Public Defender. Ryan is represented by Pueblo Attorney Mike Emmons, and Dylan is represented by Kobea Becker of Trinidad. A telephone conference is set for Friday, Aug. 25, to set further proceedings. District Attorney Frank Ruybalid also charged the trio with motor vehicle theft and displaying fictitious or altered license plates on the 2006 Subaru Impreza they were driving at the time. The court granted a "no contact" order requested by the attorneys for their clients and said no one should contact them, either members of law enforcement or the media. The three were held in Pueblo County on a $1.25 million bond each, which has been reduced to a $45,000 bond in Huerfano County, according to jail documents.
FUGITIVES CAPTURED
(August 11, 2011)
National Fugitives Captured
in Walsenburg
High speed chase down
I-25 and gun battle with local law enforcement officers ends ordeal
by Cathy Mullens
(Walsenburg, Colo.—August 11, 2011) A nationwide manhunt ended Wednesday morning when three alleged Florida bank robbers were taken into custody by the Colorado State Patrol in Walsenburg.
The fugitives, known as the “Dougherty Gang”, were reportedly seen in Canon City on Wednesday morning then seen by Pueblo County Sheriff’s Deputies at the Colorado City exit of I-25.
The three, who have been on the run since they shot at a Florida police officer on Aug. 2, took off when they saw the deputies and led law enforcement officers on a high-speed chase down I-25, according to Capt. Charlene Graham, Pueblo County Sheriff’s Office.
Lee Grace Dougherty, 29, was allegedly shot in the leg after she attempted to fire on a Walsenburg Police officer. She got out of the car after it hit “stop sticks” and flipped. She and Ryan Edward Dougherty, 21, and Dylan Dougherty Stanley, 26, who were both allegedly injured in the crash, were taken to Spanish Peaks Regional Medical Center then transported to the Pueblo County Jail.
The siblings reportedly had a Mac 11 gun, two AK 47’s and a handgun in their possession when they were apprehended. The three allegedly fired an AK-47 rifle when robbing a bank in Valdosta, GA. The FBI had reported credible sightings of the three in Colorado Springs and Canon City over the past two days.
A customer in the REI
parking lot in Colorado Springs near Woodman Blvd. called police around 1 p.m.
Tuesday to report a sighting. The trio apparently bought a tent and left the
store, according to store employees.
Capt. Graham said their office was alerted Wednesday morning by someone who saw the siblings in Canon City. As the deputies searched for the 2006 Subaru Impreza sedan they believed the Dougherty’s to be driving, they sighted the vehicle near the Subway Sandwich Shop in Colorado City Wednesday morning.
The Dougherty’s led the officers on a high-speed chase the 22 miles to Walsenburg where “stop sticks” were deployed.
Ryan Dougherty reportedly has 14 previous felonies on his record, Lee Grace recently worked as a stripper at Cocoa Beach, Fla. and has been arrested on been five hit and run charges and has a number of misdemeanor convictions. Dylan Dougherty Stanley’s record only reveals misdemeanor marijuana possession charges.
LA VETA RECALL
(August 4, 2011)
Fitzgerald appointed to La Veta Town Board
Board focuses on personnel
issues
by Renee Rinehart
Jerry Fitzgerald was welcomed as La Veta’s newest Trustee with a round of applause from the audience of about 50 at Tuesday night’s regular meeting.
The board agreed unanimously
in a roll call vote to appoint Fitzgerald to fill the vacancy created when Dawn
Blanken resigned on July 12. Fitzgerald will serve until the April 2012
election.
“I’m absolutely not
committed to anything,” Fitzgerald told the audience as he took his seat at the
table to join the other Trustees in the business of the meeting.
Mayor Don Keairns
congratulated Fitzgerald and Trustee Laurie Erwin acknowledged Fitzgerald for
volunteering at Town Hall the past few weeks to help with the transition. Erwin’s
comments were met with more applause.
Trustee Dale Davis wanted to
make sure Fitzgerald will still be available to do the bookkeeping until staff
is hired. Fitzgerald said he will continue to volunteer through the end of the
month.
Before the vote, Trustee
Tracy Webb said the board first needed to accept the resignation of Blanken.
Mayor Keairns said he requested a formal letter of resignation from Blanken and
it has not been received. He spoke with the town attorney who said a letter was
not necessary.
Interviews for the Town
Clerk and Deputy Clerk positions were conducted Monday night, and an additional
special meeting has been set for tonight, August 4 at 7 p.m. regarding
personnel. The board received six applications and has interviewed two
candidates.
One of the candidates,
Christal Copley, volunteered to record minutes of Tuesday’s board meeting and
has been volunteering with Fitzgerald in the office for a week.
Erwin also thanked Copley
for her service to the town.
(July 21, 2011)
Did Trustee Blanken actually resign?
Town Board seeks more proof
Blanken resigned
by Renee Rinehart
Nearly 70 citizens attended the La Veta Town Board meeting Tuesday night and watched with interest to see how the board handled the recent resignation of Trustee Dawn Blanken.
Mayor Don Keairns opened the
meeting by reviewing the events of the past week involving Blanken. He said an
email was received at Town Hall on Tuesday, July 12 from Blanken. “It just says,
‘I resign’”, Keairns said.
Mayor Pro-Tem Larry Klinke
made a motion to accept Blanken’s resignation. Before a second was made to the
motion, Trustee Dale Davis said he talked to Blanken, but didn’t know the
reason for her resignation, and said he wants to know the reason. Davis said he
did pick up Blanken’s town paperwork and keys. Keairns said he tried to call
Blanken twice, but no one answered.
Klinke said, “There is a
letter from her attorney stating she resigned. I haven’t seen it.” He added, “It’s
a formality to formally accept the resignation. She resigned and she’s not
here.” Klinke then restated the motion to accept the resignation and received a
second from Trustee Laurie Erwin, who arrived at the meeting a few minutes
late.
Trustee Jim Fowler wants a
formal letter that is signed instead of an email notice of resignation. Fowler
said, “We’ve been accused of doing things wrong many times. We need a signed
letter.”
At that time Jeanne
Keffeler, a member of the recall committee, told the board she has a copy of a
Motion filed by Blanken’s attorney stating she resigned and asked if they would
like a copy. Mayor Keairns tabled the item while Keffeler retrieved the letter
from her home. A few minutes later Keffeler returned and handed the document to
Keairns and he read it out loud (see related article). He explained the town
had not received the document, as town attorney Larry Berkowitz is on vacation.
Erwin pointed out Blanken is
not responding to contacts by various board members and the Clerk. “What—are we
to hold it [the seat] open?”
The motion was then put to a
vote and failed due to a 3-3 tie, with Trustees Tracy Webb, Davis and Fowler
opposing the motion.
Keairns agreed to contact
Blanken again to discuss the resignation and will contact the attorney’s office
for the legal document.
(July 14, 2011)
Dawn Blanken resigns from
Town Board
Subject of recall petition
gives voters no reason for sudden resignation
by Renee Rinehart
Dawn Blanken resigned her
position on Tuesday morning as Trustee of the Town of La Veta via an email to
the Town Clerk.
The email from Blanken
reads, “Nancy, My books and keys are on my back porch if Chris or Dale could
pick them up. I resign.”
Blanken is the subject of a
recall petition filed in October 2010 by a committee of citizens. The petition
was declared insufficient by Town Clerk Nancy Culbreath and in December 2010
the recall committee requested a judicial review, which is still ongoing.
The mayor and other Trustees
were not notified until 4 p.m. when Town Clerk Nancy Culbreath forwarded the
email to them. “I assumed every individual board member knew,” Culbreath said
about the late notification. “Once it dawned on me, I sent the email,” she
added.
Mayor Don Keairns reserved
comment until the regular board meeting on Tuesday.
Trustee Laurie Erwin
contacted The Signature on Wednesday morning after she received the email. “I
was not notified of the resignation until 8 a.m. today,” Erwin said Wednesday
morning. “An elected official
notifies an employee first, why didn’t the mayor know?” “It shows lack of
respect on Dawn Blanken’s part to not notify the mayor first,” Erwin said.
Jeanne Keffeler of the
Recall Committee said, “The
resignation affirms the correctness of the recall committee and the 110 voters
who signed the petition. It is unfortunate that it took almost a year and
roughly $20,000 of taxpayer money before Ms. Blanken chose to resign.”
Blanken did not respond to
The Signature for comment before deadline Wednesday.
Blanken served on the Town
Board since 2007 when she was appointed to fill a vacancy. Blanken was then
elected in 2008 to serve a four year term.
(January 20, 2011)
La Veta Recall Petition
$10,242.89 Attorney Fees for Town of La Veta regarding Recall Petition (as of 12-31-10)
$1,500 Estimated cost of special election
(January 20, 2011)
Motion to pay legal fees for Trustee fails
Trustee Dawn Blanken incurred legal fees in response to judicial review of recall petition
By Renee Rinehart
A motion to have the Town of
La Veta pay the legal fees for Trustee Dawn Blanken, the subject of a citizen
recall effort, failed in a tie vote Tuesday night after being tabled at the
January 4 meeting.
Trustee Dale Davis made a
motion for the town to pay up to $5,000 in legal fees for Trustee Dawn Blanken
in defense of the recall petition suit. The roll call vote ended in a 3-3 tie,
with Blanken abstaining. Trustees Laurie Erwin, Mayor Pro-Tem Larry Klinke and
Mayor Don Keairns voted against the motion.
Davis made the motion
Tuesday night after reading correspondence from town attorney Larry Berkowitz.
The attorney responded to two questions from Mayor Keairns. First, the mayor
asked if Davis’ motion to pay Blanken’s legal expenses on January 4 was out of
order. Berkowitz said the motion was not out of order.
The second question to the
attorney was whether the town can pay the legal costs of a Trustee? Berkowitz
responded saying the statute cited does not apply, as a recall election has not
been held, and the plaintiffs did not protest the insufficiency of the
petition.
However, the attorney said
it is the discretion of the board to pay Trustee Blanken’s legal fees, but
asked the board to consider a monetary limit. Davis immediately followed with a
motion.
Klinke asked Blanken why she
has incurred legal fees at the point, without a recall election? Blanken said
the reason was because she was named as a defendant on the request for judicial
review. “It’s possible the board or town interest diverge from my own,” Blanken
explained. “I had to respond—there’s not any choice,” she added.
Blanken said she has
incurred $1,000 in legal fees to date.
(January 6, 2011)
Citizens continue to push
Mayor Keairns for stand on recall petition
Trustee Davis makes motion
for town to pay all legal bills for Trustee Dawn Blanken
With nearly 60 people in attendance, the La Veta Town Board meeting Tuesday night headed right into the topic of the recall petition against Trustee Dawn Blanken.
The recall committee, which
includes citizens Kelly Popejoy, Jim and Jeannie Keffeler and Mac MacAnally,
have submitted the petition for judicial review to determine the sufficiency of
the signatures on the petition and to review the process to determine valid
signatures. Town Clerk Nancy Culbreath found the petition to hold a recall
election insufficient by one signature in December.
Trustee Laurie Erwin
reported she researched a question asked at the previous meeting regarding the
town paying legal fees for Trustee Blanken in the recall. Erwin read a state
statute that said the town can reimburse the Trustee up to 40 cents per elector
or $10,000.
The attorney’s letter also
said he will file a motion to dismiss based on the petitioners failure to
exhaust administrative remedy.
(December 16, 2010)
Recall committee asks judge
to review petition regarding Blanken
Members of the committee to
recall La Veta Trustee Dawn Blanken are taking their complaint to a higher
level—Huerfano District Court—claiming Town Clerk Nancy Culbreath abused her
discretion in declaring signatures on the petition as insufficient.
Culbreath determined the
petition fell one signature short of the 91 required on November 16, and
declined the request from the recall committee to reconsider in a letter dated
November 19.
As part of the recall
process, the petitioners are allowed to ask the District Court to review the
findings. On December 10, a civil case was filed in Huerfano County District
Court by Plaintiffs James Keffeler, Marion Jean Keffeler, Kelly Popejoy and
James McAnally naming as Defendants the Town of La Veta, Nancy Culbreth and
Trustee Dawn Blanken.
“The 102 people who signed
the petition have a fundamental right to see it carried out,” said Jean Keffeler,
a member of the recall committee. “They voted in the November 2 election, and
their name should count on the petition,” Keffeler added.
(October 28, 2010)
By Renee Rinehart
The petition for recall of
La Veta Trustee Dawn Blanken was turned in to Town Clerk Nancy Culbreath last
Wednesday, and on Friday it was declared insufficient. The petition requires 91
valid electors sign, but only 90 of the 102 signatures submitted were declared
valid.
(October 7, 2010)
A petition to recall Trustee
Dawn Blanken from office was submitted to the La Veta Town Clerk Nancy
Culbreath on Wednesday morning.
La Veta citizens Jim
Keffeler, Jeanne Keffeler, Don Lowell, Mac McAnally and Kelly Popejoy have
formed a committee to recall Blanken. Blanken was elected in April 2008 to a
four-year term after being appointed in 2007 to fill a vacant seat.
The grounds for recall in
the petition states, “Trustee Blanken has committed gross misconduct in office
by furthering her personal agenda to the detriment of the citizens of the Town
of La Veta. Trustee Blanken has also failed to uphold the duties of the office
of Town Trustee by failing to provide for the safety, preserve the health,
promote the prosperity, and improve the morals, order, comfort, and convenience
of such municipality and the inhabitants thereof.”
“We’re doing this for two
reasons,” Jim Keffeler told The Signature. “Number one is to support the three
new members who were elected in April 2010 with the hope of moving forward.
Second is for the people of La Veta who voted for change in April.”
Culbreath has 48 hours to
certify the content and language of the petition, and must notify Blanken in
writing.