Tag: Investigative news

DENVER — A bill to ban plastic pellet spills in Colorado cleared its first legislative hurdle Tuesday and now heads to the State Senate.

The Plastic Pellet-Free Waters Act would prohibit companies from dumping the tiny pellets, require spill-prevention measures, and give state regulators the power to investigate and fine violators.

The pellets, called “nurdles” in manufacturing, are used to make plastic products and are considered a major source of microplastic pollution.

“We are trying to be proactive,” said bill sponsor Sen. Lisa Cutter. “We’re not banning plastic or trying to prevent them from using these materials. We’re just saying: handle them responsibly.”

Health and environmental concerns

Advocates rallied at the Capitol before the vote, pointing to examples like a 2017 train derailment in Boulder that spilled plastic beads along the tracks.

Danny Katz, executive director of the Colorado Public Interest Research Group (CoPIRG), said more than 4,000 Coloradans have signed a petition supporting the bill.

“This is a beautiful state, and we can’t afford to have small, little plastic pellets polluting our communities or contributing to the microplastic problem that’s building up in our ecosystems and slowly in our bodies as well,” Katz said.

Industry pushes for changes

The American Chemistry Council says it shares the goal of preventing pellet pollution and notes there have been no significant pellet incidents in Colorado.

The group pointed to its Operation Clean Sweep program, which promotes voluntary best practices, and offered several proposed amendments to the bill:

• Removing criminal penalties
• Adding third-party inspection provisions
• Aligning state rules with federal practices

Industry representatives also urged lawmakers to address the bill’s fiscal note, estimating implementation would cost significantly more than indicated.

Allison Chertak of the American Chemistry Council warned that vague, broad language could hurt the state’s $30 billion plastics manufacturing sector.

“This could hinder Colorado’s economic growth if businesses opt to leave the state because of criminal penalties,” Chertak told lawmakers.

Supporters stress enforceability

Backers of the bill say California already has similar legislation and that a “law with teeth” is needed to make sure companies can’t simply obtain a permit and continue polluting.

The amended bill passed the Senate Transportation and Energy Committee in a 5-3 vote and will now go before the full Senate.

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DENVER — Charges against a Denver man suspected of murdering his neighbor more than six years ago will likely be dropped in the coming days after he was repeatedly found incompetent to stand trial.

On Wednesday, loved ones of the man shot and killed in the case gathered in court for what is expected to be the final hearing before Alberto Calcurian, 47, is cleared of his charges. Calcurian allegedly shot 59-year-old Mark Berman multiple times in front of his home in October 2019.

Calcurian, who lived down the street from Berman, called 911 to report that “he had just shot a man in self-defense” and that the gun he used was on his living room floor, unloaded, according to arrest documents. He was eventually charged with first-degree murder.

But what the victim’s family thought was an open-and-shut case will not likely end in a conviction.

Under Colorado law, if a defendant is found mentally incompetent to aid in their own defense and is not likely to be restored to competency in the foreseeable future, a judge must dismiss the case.

Denver7 Investigates has extensively covered cases that have been dismissed after state statute changed in the summer of 2024:

In court, a defense attorney revealed Calcurian has been evaluated by doctors 19 times since 2020 and was found incompetent each time.

Court documents state that Calcurian was diagnosed with a “delusional disorder” in 2018. In court, the defense noted that Calcurian meets the criteria for a short-term, involuntary mental health hold that could temporarily keep him in state-mandated mental health treatment, but it is not guaranteed yet that he will not be released back into the public.

During the hearing, the prosecutor with the Denver District Attorney’s office agreed that Colorado’s law ties the judge’s hands in this case, but stated, “We don’t think that ought to be the law.”

The case is still considered open until Denver District Court Judge Nikea T. Bland files the official written order of dismissal, which she noted should be ready within the next week.

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DENVER — A growing group of advocates, lawmakers, and victims is demanding immediate changes to Colorado’s competency law.

The Colorado Parent Advocacy Network, a nonprofit, announced it has garnered nearly 6,000 signatures from individuals calling on district attorneys across the state to increase pressure on Governor Jared Polis and call a special legislative session. The signatures are expected to be delivered to the Colorado District Attorney’s Council.

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The outrage comes after state law changed last summer, requiring judges to dismiss cases against criminal defendants who are found incompetent to stand trial and who will likely never be restored to competency.

Since then, several people accused of crimes, including attempted kidnapping and attempted murder, have been released back into the public.

“We were told… that these individuals that committed these horrendous crimes would either be in a correctional facility or that they would be committed to an institution,” State Senator Barbara Kirkmeyer (R) said during a press conference Thursday. “Unfortunately, that is not what’s going on with this law.”

Read our previous coverage below:

Kirkmeyer, who is running for Colorado governor, voted in favor of House Bill 24-1034, which amended the language in the state’s competency law.

“I don’t think anybody foresaw how this law was going to be interpreted and how it was going to be implemented,” Kirkmeyer said when Denver7 Investigates asked if she had concerns about the space available at mental health facilities while the bill was being passed.

Victims who have voiced their frustrations to Denver7 Investigates attended Thursday’s press conference.

“I am cautiously optimistic. I’m glad that there’s more momentum on it. I’m afraid every day of more cases popping up,” said Joseph Bowman, whose mother was one of two people killed in a car crash investigators say was caused by a drunk driver.

The suspect in the crash that killed Bowman’s mother had a lengthy criminal record. Eventually, all charges were dismissed, including multiple counts of vehicular homicide, after he was found incompetent to stand trial.

Still, Bowman does not believe a special session is necessary to address the current law.

“I’m hopeful that this will come about in the upcoming legislative session,” he said

Senator Judy Amabile (D), who was a main sponsor of HB24-1034, agrees.

“I am not convinced that we need that, but I understand why people are asking for that,” said Amabile.

Amabile previously told Denver7 Investigates that she is working on amendments to the law.

“We have a commitment from the executive branch that we are going to put some resources into beds, into funding beds, both mental health beds and beds for the people with intellectual disabilities or neurocognitive disorders,” she said.

At the time HB24-1034 passed, no additional funding was allocated to resources.

When asked about the nearly 6,000 signatures collected by CPAN, Sen. Amabile said, “I think they are sending us a message loud and clear: fix this broken system.”

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Denver7

WELD COUNTY, Colo. — A fight is brewing between the Weld County district attorney and Colorado’s governor after an exchange on social media Tuesday involving Elon Musk.

News of an inmate being released into the public is garnering national headlines, after the Weld County Sheriff’s Office issued a warning to the public that the individual is a “potential danger to the community.”

Debisa Ephraim, 21, was free to leave the Weld County jail on Monday after charges, including attempted murder, in multiple cases were dismissed because he was found incompetent and not likely to be restored, meaning doctors determined he is unfit to stand trial.

Denver7 Investigates

CO sheriff says he was forced to release ‘dangerous’ man due to competency laws

The sheriff’s office released bystander video, which they said was not authenticated but allegedly showed Ephraim in the middle of two violent fights. Both occurred in April.

On Tuesday afternoon, Elon Musk shared coverage of the story to X with a post reading, “This is insane @jaredpolis.”

Gov. Polis responded to the post, saying: “Absolutely unacceptable. I’m calling on the county attorney and DA to use state law, including CRS Title 25 and Title 27, to ensure he’s not at large. This should have happened BEFORE release not after. Remove this threat now!”

Now, Weld County District Attorney Michael J. Rourke is scheduled to address what his office is calling “misinformation” in the governor’s post. He has a press conference scheduled for 2 p.m. Wednesday. Denver7 plans to attend and hear more from the district attorney. We will update this story afterward.

Denver7 Investigates looked into Ephraim’s history and found 10 criminal cases since 2022, including a mixture of felonies and misdemeanors. All of those cases were dismissed and many involved competency issues. Charges in those cases ranged from theft to robbery to assault.

Watch our report from Tuesday about Debisa Ephraim’s case, which sparked Elon Musk’s tweet, in the video below.

Weld County sheriff says he was forced to release ‘dangerous’ man due to state’s competency laws

Denver7’s extensive coverage on competency law

Over the past year, Denver7 Investigates has reported on the complexities of competency law in Colorado and cases that have been impacted by a 2024 law altering language in the state’s statute.

That change stated that judges “shall” dismiss cases where the defendant is found incompetent and not restorable, meaning that they will not be fit to stand trial in the near future.

The first case Denver7 highlighted involved a doctor who was stabbed in his office by a suspect who was repeatedly evaluated and found incompetent. The victim feared that his alleged assailant would be released into the public, but during the reporting process, a bed opened up at the state mental health hospital in Pueblo.

Change to Colorado mental health law sparks issues with 2022 stabbing case in Lakewood

Another suspect charged in a drunk driving crash that killed two people walked out of court earlier this year after his charges were dropped due to being found incompetent and not restorable due to a traumatic brain injury suffered during the crash.

Complexity of Competency: How state doctor decided a man is unfit to stand trial after fatal crash

Later, the law change made more headlines when a suspect accused of trying to kidnap kids outside an elementary school in Aurora had her charges dropped after being found incompetent.

Charges officially dropped against attempted kidnapping suspect after competency finding

This is a developing story and will be updated.

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