Case against Maketa falling apart just days before trial?

ADA Mark Hurlbert received information the prosecution, lead by Assistant District Attorney Mark Hurlbert filed a motion late Tuesday afternoon asking for multiple charges against retired Sheriff Terry Maketa be dropped. This coming just days prior to the trial next week. This suggests the cases against Maketa, Paula Presley and John San Agustin are extremely weak if not non-existent. It appears those who have said the charges were nothing more than political payback from District Attorney Dan May and Sheriff Bill Elder might be right. Some wonder if there will be a trial at all. Local news channel Fox21 had the best coverage of the story last night.  Watch/Read story from Fox21.

What new evidence was brought to light that required Hurlbert to back pedal and start dropping charges? According to FOX21 it was testimonial evidence from a seasoned detective with the El Paso County Sheriff’s Office (EPSO). However according to our sources (and supported by FOX21’s story) this detective provided consistent testimony on multiple occasions and it is documented in multiple reports provided to defense. Did the detective change her story? According to our sources, veteran and highly respected, EPSO Detective Lisa Kaiser provided detailed and consistent testimony multiple times and her story has not changed. So why are the prosecutors saying they have received “new” information requiring them to drop the charges. Some think Mark Hurlbert is trying to cover his “ass” because he has known about this information since the beginning. Are they trying to suggest they never knew about her testimony until recently? Would anyone believe this? Does this suggest Mark Hurlbert is either unethical or incompetent?

Deputy District Attorney Gerhart

According to our sources; the prosecution alleged, Sheriff Terry Maketa ordered Detective Kaiser to arrest an individual (who we will not name) when there was no probable cause. Maketa supposedly ordered Paula Presley and John San Agustin to see that this arrest took place, or something to that effect. Detective Lisa Kaiser, who was assigned the case interviewed the suspect while supervisors observed in another room; notably, Commander Mitch Lincoln, Chief Al Harmon and Deputy District Attorney (DDA) Shannon Gerhart. Those not present were Sheriff Maketa, Undersheriff Presley and Lt John San Agustin. According to the prosecution somehow Maketa via Presley and San Agustin ordered her arrest. But there is no (and never has been any) evidence of any conversation, phone call or any other means of communication. They must have had a vulcan mind meld.  There is also no evidence any of them ever communicated with Lisa Kaiser who actually made the arrest. Plus there is a commander, Chief, and DDA Gerhart in the room advising her.  Detective Kaiser clearly and accurately states multiple times she made the arrest based on direction from DDA Gerhart.  So, why did the prosecution, who knew of this evidence from the beginning, charge Maketa, Presley, and San Agustin?  Sound political?

Mitch Lincoln

According to ADA Hurlbert there is evidence this arrest was kidnapping and according to the detective it was DDA Gerhart who authorized it; so, shouldn’t Gerhart be charged? What about the other supervisors in the room who condoned the arrest?  Should Commander Lincoln and Chief Harmon be charged?  If the original charges were not politically motivated we should see new changes brought against Gerhart, Lincoln, and Harmon for kidnapping and false imprisonment.

Also stated by the media is that this crime was motivated to allow a deputy to get his job back.  What they don’t tell you is this motive is without merit.  The deputy in question had already been fired and never got his job back.  So, there was never any motive.  Was it all made up by the prosecution to give the story some drama?

It is our understanding that from the beginning Maketa’s defense team has said Detective Kaiser clearly stated in her testimony the arrest was based on authorization from Deputy District Attorney Shannon Gerhart and not from any order from a supervisor. Her testimony, made over a year ago, showed Terry Maketa, Paula Presley, and John San Agustin had absolutely nothing to do with the arrest. In fact, there is physical evidence which the prosecution has had in their possession since the beginning that shows none of them were even in the building when the arrest was made. According to our sources, EPSO uses keycards to access the parking structure and building. The prosecution retrieved the keycard access logs and reviewed them during their investigation. The logs show John San Agustin left the parking structure 20 minutes prior to the decision to arrest the suspect. WHAT? Let that sink in. The Prosecution has known for 13 months that San Agustin was not even in the building at the time of the arrest. They also knew there were no phone calls between San Agustin and ANYONE during this time. San Agustin was most likely driving to the jail for a scheduled appointment when they accuse him of giving the order to arrest the suspect. Also, to make things worse, they also knew from the keycard data that both Maketa and Presley were just entering the building when the arrest was taking place and both went directly to the 5th floor. So, the prosecution has known for 13 months that physical evidence proved all three of them physically could not have been present during the arrest. Sound more like the charges were politically motivated?

Let’s review; for 13 months the prosecution has known the detective stated (multiple times) she was not ordered to arrested the suspect by any supervisor and did so based on DDA Gerhart’s recommendations. They also knew Maketa, Presley and San Agustin were out of the building and did not communicate with each other. So why didn’t Mark Hurlbert drop the charges last year? Why has this gone on for 13 months? Why did the prosecutor, ADA Hurlbert, wait until just a week prior to Maketa’s trial to finally admit what they knew all along; there is absolutely, positively no evidence to suggest Maketa, Presley or San Agustin had anything to do with the alleged crime.


Can a prosecutor manipulate a grand jury, falsely arrest fellow Americans, ruin their finances, reputations, and lives, and then just drop the charges 13 months later like nothing happened?  Is this North Korea or America? Who is going to answer for this obvious abuse of power? Do they think they are above the law?


There is clear evidence showing the prosecution has known for 13 months that John San Agustin had absolutely nothing to do with any crime. But yet, as of today, they still have not dropped the charges. This is the definition of malicious prosecution. Let the lawsuits begin.  We hope John San Agustin sues EVERYONE involved and is awarded millions. His jail photo will be on the internet for the rest of his life and his reputation, career, and life irreversibly impacted. What about his family?

More importantly will the people involved in this obvious abuse of power be held accountable?  Who are they? Could they be; District Attorney Dan May, Sheriff Bill Elder, Undersheriff Joe Breister, Shannon Gerhart, ADA Mark Hurlbert, or Mitch Lincoln? We may never know unless there is a special prosecutor appointed by the Governor. There needs to be an investigation.

We continue to investigate and expose corruption with Bill Elder. It appears there are others corrupt as well.

“Truth will ultimately prevail where there is pains to bring it to light” 

George Washington


Silence is the Endorsement of Corruption