More Corruption by Prosecutor Mark Hurlbert and others Revealed in Maketa Trial

Assistant District Attorney Mark Hurlbert

Based on evidence recently discovered by lead prosecutor Mark Hurlbert should have recused himself from the Terry Maketa investigation and trial.

As it turns out, it is well known Mark Hurlbert has a bias against Terry Maketa. This is based on a previous criminal investigation Hurlbert was involved with years earlier. In fact, some believe Hurlbert has an “axe to grind” not only with Terry Maketa; but Undersheriff Paula Presley and Commander John San Agustin.  Is this the real reason Mark Hurlbert was more than happy to help District Attorney Dan May and Sheriff Bill Elder go after an old political enemy?  With so many impartial judicial districts in Colorado, why did DA Dan May ask the only other DA’s office he use to work at? Did Dan May know an impartial DA’s office would not have pursued charges against Maketa or the others?

Fortunately the scheme thought up by Dan May and Bill Elder backfired; it could cost taxpayers millions of dollars.  We are sure Maketa, Presley, and especially San Agustin will retain lawyers and sue for VERY large amounts. When all the facts concerning this unethical, illegal, malicious prosecution comes out there will be a HUGE settlement. They cannot risk going to trial. Can you imagine DA Dan May, Sheriff Bill Elder, ADA Mark Hurlbert,  Undersheriff Joe Breister, Judge Shannon Gerhart, former CBI director Mike Rankin, CBI Agent Gagliardi, DDA Grant Fevurly, Chief Mitch Lincoln, CBI Agent Tim Martinez, DDA Chris Wilcox, El Paso County Attorney Amy Folsom, and Jackie Kirby all testifying under oath in a civil trial? Now that would be the trial of the year!  Many of these individuals lied in interviews or directly to the grand jury. It will be shown ADA Mark Hurlbert manipulated and withheld exculpatory evidence from the Grand Jury. Hurlbert’s days as a lawyer should be coming to an end. If Hurlbert were ever to tell the truth about the whole situation; Dan May would be disbarred as well.

Let’s look at the facts:

Why did Dan May, in the spring of 2016, ask for a re-investigation of Maketa after he had already been cleared 15 months earlier?  Was it just a coincidence it was at the same time Terry Maketa gave an interview to the Denver Post about the Tom Clements Homicide?  Was it just another coincidence that around the same time Undersheriff Joe Breister was overheard saying Maketa and San Agustin would pay for talking with the media?  It is obvious the prosecution of Maketa, Presley, and San Agustin was nothing more than political payback and an attempt to keep them quiet about the inappropriate behavior by Dan May and Bill Elder during the Tom Clements investigation.  It worked for 2 years; but now that the charges have been dropped maybe we can get to the truth.

So, why does Dan May and Bill Elder not want the truth about the Tom Clements investigation to get out.  Great question. Because Dan May refused to prosecute others involved in the murder of Tom Clements because he is a coward and feared for his own life. Read our Story. Bill Elder does not want to be exposed as a LIAR! He stated there was no evidence anyone other than Evan Ebel was involved in the murder of Tom Clements.  He knew at the time he made the statement there was overwhelming evidence other 211 Crew gang members were involved. We have the evidence to prove this statement.

Let’s get back to Hurlbert.  What is the evidence showing Mark Hurlbert has a bias against Maketa, Presley and San Agustin?

Back in 2013, the El Paso County Sheriff’s Office was investigating the Clements homicide.  Mark Hurlbert, along with federal prosecutor Rick Hosley, were in charge of prosecuting Stevie Vigil for illegally purchasing the gun used by Evan Ebel. Read the last paragraph of this Story. At the time, Hurlbert and Hosley demanded the El Paso County Sheriff Office (EPSO) hand over any and all evidence and information concerning the entire Clements homicide investigation.  Their initial request went to Inspector John San Agustin who was in charge of the investigation.  San Agustin agreed to provide them with all relevant information relating to the prosecution of Vigil, but declined to provide additional information regarding the homicide stating it was not necessary and there were concerns about critical information being made public during a trial.

According to our sources, Hosley and Hurlbert were both upset and proceeded to go up “the chain” in an attempt to have his decision overruled. There is an email from Hosley to Bureau Chief Harmon demanding the information. Read Email. Hosley and Hurlbert even contacted Undersheriff Presley about the matter.  She told them the Sheriff had already decided to limit the information released to them.  It is our understanding, Hurlbert stated publicly his frustration about the decision and his dislike for San Agustin, Presley and Maketa.

Because Hurlbert worked with Maketa, Presley and San Agustin during the Tom Clements homicide investigation, and the fact he clearly had a bias against them; he should have recused himself.  Yet Hurlbert never even tells the judge or the public of his previous interactions with all three.

Dan May recused himself because of his relationship with Maketa and the others; why didn’t Hurlbert? Because Dan May needed someone he could trust.  May and Elder thought the whole scheme up; but they needed someone to “pull the trigger”.  Mark Hurlbert was their executioner. Unfortunately for them the Jury would not cooperate.

Let’s review.

Originally there were 20 charges filed against Maketa, Presley and San Agustin.  5 of them; the Jury found Maketa “Not Guilty”; 13 charges were dropped because Hurlbert asked the judge to dismiss them prior to trial; the remaining 2 were dropped after two separate juries could not come to an agreement there was a crime.  Does this sound like prosectors had a strong case or a weak case?  Was the entire investigation, false charges, and trial all just a big bluff? Did Hurlbert and May think all three would take deals?  After Maketa called their bluff; Hurlbert and May finally had to fold because they knew more trials would have made them look worse and expose even more of their corruption.

Dan May knows most juries give the prosecution the benefit of the doubt and if you can get them to hate the defendant they will usually find them guilty.  Their plan did not work.  Now they can look forward to the civil trials in a couple years.

How do we know Dan May is corrupt? He would not prosecute his republican friend for killing someone (read story), Dan May would not prosecute the killers of Tom Clements (read story), but Dan May was willing to do what ever it took to go after an old political rival. That is the definition of Corrupt.

District Attorney Dan May, Sheriff Bill Elder, and Assistant District Attorney Mark Hurlbert will be known for the rest of their careers as the corrupt public officials who unethically and maliciously prosecuted three individuals who they knew were innocent.

We cannot wait for the civil trials.


Dan May, Bill Elder and Mark Hurlbert; the three amigos of corruption


Silence is the Endorsement of Corruption