Latest news with #ColoradoCourtofAppeals
Yahoo
2 days ago
- Yahoo
Man gets appeal denied for Super Bowl Sunday murder
MESA COUNTY, Colo. (KREX) – A man, who was sentenced for murder following a dispute on Super Bowl Sunday in 2020, had his appeal denied by the Colorado Court of Appeals. Christopher Rizo was convicted to life in prison without parole for killing Thomas Huddleston outside Roosters Tavern on Feb. 2, 2020. He was also convicted for shooting Thomas' brother, Bill Huddleston. The incident started when Rizo sat next to the brothers, talking about the game. Rizo became furious after a joke made by another trucker – which the brothers laughed at. Rizo told the men they weren't 'from around here' and should be careful, according to court documents. Although a bartender tried to defuse the situation, the man continued, eventually calling her a 'f***ing b****' after he was asked to leave. When Thomas and Bill left Roosters following the game, Rizo pulled up to them and pointed a gun at Bill. Rizo ordered him to empty his pockets, before taking his phone. At the same time, Thomas returned to his truck to get his gun. Rizo yelled at Thomas to get out of the vehicle before Bill swung at him. Rizo shot Bill twice in the leg who then dropped to the knees. Bill heard a series of gunshots and saw Thomas fall to the ground, according to court documents. Rizo picked up Thomas' gun and fled the area. Thomas was declared dead at the scene; he was shot 12 times. A tourniquet was placed on Bill's leg, and he was sent to the hospital. Rizo contested his sentencing saying he was acting in self-defense, and he was not given due process, a fair trial or an impartial jury. In the appeal, Rizo, who did not testify in the original trial, argued the court failed to instruct the jury regarding self-defense or multiple assailants and it should not have admitted his behavior in the bar before the shooting as evidence. Because of this it led to cumulative error, Rizo contended The appeals court didn't find any such issues. It said the jury was instructed to use the model self-defense instruction. Rizo's conduct is also admissible evidence because it happened 'contemporaneously' with the shooting, court documents read. 'Specifically, Rizo's conduct provided relevant evidence of his motive for reappearing at the bar more than two hours after he was kicked out and of his mental state as he approached Thomas and Bill,' according to court documents. The appeals court also said it did not find any errors in the trial meaning no cumulative error occurred. Rizo also contended his life sentence without parole was unconstitutional as it's a cruel and unusual punishment. But the appeals court said it was not persuaded by his argument. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
CBS News
13-02-2025
- Politics
- CBS News
Tina Peters, former Colorado county clerk, requests release on bond during convictions appeal
Tina Peters, the former Mesa County clerk and recorder, is demanding her release from jail as she challenges her election interference convictions. Amid this new action, she's citing major health concerns as part of her demand for release as she awaits the response to her appeal. On Feb. 7, court records show Peters, 69, filed her new application with the U.S. District Court for the District of Colorado. Peters was originally convicted in August 2024 on charges related to election interference crimes in Mesa County while she was clerk during the 2020 general election and sentenced in October. According to the application, in part, Peters, "is monitored for recurrence of her lung cancer, and suffers from fibromyalgia. Since she has been incarcerated, her health has deteriorated. As her pastor has observed, her physical vigor and cognitive function has declined. She is pale, has lost weight, and has difficulties with memory and word-finding." Peters was sentenced to a total of 9 years of incarceration between Larimer County Jail and the Colorado Department of Corrections. Peters is currently serving a 6-month sentence at the jail for misdemeanors ahead of the 8.5 years she was sentenced to for the felony convictions she received. Peters and her legal counsel have already filed an appeal for all her convictions in the Colorado Court of Appeals and are awaiting action. In the application, Peters and her counsel point blame at the Colorado Secretary of State's Office for actions that led, in part, to her incarceration. Peters accused the Secretary of State's Office of directing the former Mesa County clerk and recorder to essentially erase election records by performing a software upgrade. Based on claims against the Secretary of State's Office, Peters asserts in the court document, "...her federal duty to preserve these records by making forensic images of the Election Management System (EMS) server hard drive resulted in three detailed reports prepared by cybersecurity experts she submitted to the Board of County Commissioners, district attorney, and county attorney explaining the illegal features of the County's computerized election system." Those accusations aside, Peters' key claim and demand in the new application is her release on bond. According to the court documentation, "This Application for a Writ of Habeas Corpus does not concern the merits of those convictions but challenges the refusal of the Colorado Court of Appeals and the District Court of Mesa County to grant her bail pending appellate review of them."
