DENVER (AP)— Because of a paperwork error, the suspect in last month’s killing of Colorado’s corrections chief was freed from prison in January – four years earlier than authorities intended.
Judicial officials acknowledged Monday that Evan Spencer Ebel‘s previous felony conviction had been inaccurately recorded and his release was a mistake.
In 2008, Ebel pleaded guilty in rural Fremont County to assaulting a prison officer. In the plea deal, Ebel was to be sentenced to up to four additional years in prison, to be served after he completed the eight-year sentence that put him behind bars in 2005, according to a statement from Colorado’s 11th Judicial District.
However, the judge did not say the sentence was meant to be “consecutive,” or in addition to, Ebel’s current one. So the court clerk recorded it as one to be served “concurrently,” or at the same time. That’s the information that went to the state prisons, the statement said.
So on Jan. 28, prisons officials saw that Ebel had finished his court-ordered sentence and released him. They said they had no way of knowing the plea deal was intended to keep Ebel behind bars for years longer.
Two months later, Ebel was dead after a shootout with authorities in Texas. The gun he used in the March 21 gunbattle was the same one used to shoot and kill prisons chief Tom Clements two days earlier. Police believe Ebel also was involved in the death of a Domino’s Pizza delivery man, Nathan Leon, in Denver.
“The court regrets this oversight and extends condolences to the families of Mr. Nathan Leon and Mr. Tom Clements,” said a statement signed by Charles Barton, chief judge of the 11th Judicial District, and court administrator Walter Blair.
Leon’s father-in-law told The Associated Press he had no immediate comment.
Leon’s widow told KUSA-TV in Denver the apology wouldn’t cut it for the death of her husband and the father of her twin girls.
“It ain’t going to bring Tom Clements back. It’s not going to bring my children’s father back. How do I tell my 4-year-olds, `Daddy was murdered because of a clerical error’?” Katherine Leon said.
The court officials vowed to review their procedures to ensure the error isn’t repeated.
“The Colorado Department of Corrections values its long-standing partnership with the 11th Judicial District and the district attorney’s office to maintain order at the prisons in Canon City. We commend both the 11th Judicial District and the DOC for reviewing their own internal processes and procedures,” Gov. John Hickenlooper’s spokeswoman Megan Castle said in a written statement.
The attack that led to the plea deal took place in 2006. According to prison and court records, Ebel slipped out of handcuffs while being transferred from a cell and punched a prison officer in the face. He bloodied the officer’s nose and finger, and threatened to kill the officer’s family.
“If Mr. Ebel was prosecuted for an assault on an officer, it had to be pretty severe, because in the course of day-to-day work, correctional officers are regularly assaulted or threatened,” said Pueblo County Commissioner Buffie McFadyen, who is executive director of the correctional officer group Corrections U.S.A.
“It sounds like a horrific oversight,” she said of the mistake that led to Ebel’s release this year. “It’s a tragic clerical error.”
Ebel spent much of his time behind bars in solitary confinement and had a long record of disciplinary violations. Records show he joined a white supremacist prison gang.
Ebel’s early release was just the latest twist in a case full of painful ironies. His father is friends with Hickenlooper and had testified before the Colorado Legislature about the damage solitary confinement did to his son. Clements was worried about that very issue.
Hickenlooper raised the case with Clements when the governor hired him to come to Colorado in 2011. The Democratic governor said he never mentioned Ebel’s name and the inmate received no special treatment.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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