42625945 I not det. CBS gnot det. PRESENTENCE STATE OF COLORADO In the COUNTY OF DISTRICT COURT in and for the VS THE PEOPLE OF THE STATE OF . FIRST JUDICIAL DISTRICT - Terry Leslie DEFENDANT CASE NO.: DATE OF OFFENSE: September 5, 2003 HEARING March 18, 2005, 9:00 a.m. DATE OF 4, 2005 BEFORE JUDGE: Christopher Munch . DIV.: 7 ALIAS: Michael Boston CONFINEMENT: 554_days Terry Leslie, Jr. . AGE: 28 DOB: November 1, 1976 CONVICTION: verdict SEX: male SS NO.: DATE OF PLEA. ADDRESS: Jefferson County Detention OR CONVICTION: February 18, 2005 Facility CODEFENDANTS: see report TELEPHONE: n/a EDUCATION: see report OCCUPATION: unemployed ORIGINAL CHARGES: see report CONVICTED CHARGES: see report DEPUTY DISTRICT DEFENSE ATTORNEY . COUNSEL FAX POSSIBLE PENALTY: see report Terry Leslie' - i counts one and two, First Degree Murder (Fl) count three, First Degree Burglary (F3) count four, Second Degree Burglary (F3) count five, Theft (F4) count six, Robbery (F4) count seven, Conspiracy to Commit Robbery (F5) count eight, Violent Crime (SE) Per the District.Attorney's Office, a sentencing and/or-trial hearing to t.the Court regarding habitual counts had.not been set as of the date of this report. Habitual criminal counts are counts nine, ten, ll and l2, CONVICTED CHARGES: count one, First Degree Murder_(Fl) count two, First Degree Murder (Fl) - . count three, First Degree Burglary (F3): Special verdict as to count three, the jury did not find beyond a reasonable doubt the defendant knowingly caused the death. count four, Second Degree Burglary (F3) count five, Theft (F4) count six, Robbery (F4) count seven, Conspiracy to Commit Robbery (F5) Additionally, the jury found the defendant guilty as to the lesser non- included count of Theft (M2). On the Court record, this is listed as count l3. POSSIBLE PENALTIES: counts one and two, (First Degree Murder): Life imprisonment.-Per the District Attorney's Office, it was decided to not pursue a death penalty sentence. count three, (First Degree Burglary): years Department of Corrections, $3,000w$750,000 fine, mandatory five years parole. Fer statute, First Degree Burglary is a crime of violence. Therefore, the Court must sentence the defendant to a term_of incarceration of at least midpoint in the presumptive range, but no more than twice the maximum. Additionally, a person convicted of two or more separate crimes of violence arising out of the same incident, shall be sentenced for such crimes so that sentences are served consecutively rather than concurrently. $128.00 Offender Identification-Fund. count four, (Second Degree Burglary): years Department of Corrections, fine, mandatory five years parole. count five, (Theft): 2-6 years Department of Corrections, fine, mandatory three years parole; Terry Leslie - count six, (Robbery): 2-6 years Department of Corrections, fine, mandatory three years parole. count seven, (Conspiracy to Commit Robbery): 18:2--20l and 1-3 years Department of Corrections, fine, mandatory two years parole. count l3, (Theft): 3-12 months county jail and/or fine. three, four, five, six, and seven are subject to aggravation. Defendant was serving parole for Denver County District Court Case Number at the time of the commission of the present matter. DISPOSITION OF Jefferson County District Court Case Number 03CR2633. Defendant charged with counts one and two, First Degree Murder count three, First Degree Burglary count four, Second Degree Burglary count five, Theft count six, Robbery and count seven, Conspiracy to Commit Robbery (F5). On February 1, 2005, the defendant was found guilty by jury verdict of count three, First Degree .Burglary count four, Second Degree Burglary (F3), count five, Theft count six, Robbery and count seven, Conspiracy to Commit Robbery (F5). As to counts one and two, the jury was unable to 'reach a unanimous verdict- Sentencing has been set for April 22, 2005, at 8:00 a.m. in Division 7. Jefferson County District Court Case Number Defendant charged with count, Accessory to Crime--Charged with Class (F4). Defendant entered a plea of not guilty on December 6, 2004. A two-day jury trial has been set to commence on April 12, 2005, at 8:30 in Division 7. - Jefferson County District Court Case Number 03CR2619. Defendant charged with counts one and two, First Degree Murder count three, First Degree Burglary count four, Second Degree Burglary (F3), count five, Theft count six, Robbery count seven, Conspiracy to Commit Robbery count eight, Unauthorized Use of a Financial Transaction Device count nine, Criminal Attempt-- Unauthorized Use of a Financial Transaction Device count ten, False Information to a Pawnbroker and count 11, Violent Crime (SE). On April 23, 2004, the defendant pled guilty to added count l2, Second Degree Murder (F2), and counts one through ll were dismissed. On June 25, 2004, the defendant was sentenced to 20 years Department of Corrections and granted credit for 288 days time served. Terry Leslie . .. Jefferson County District Court Case Number Defendant charged with counts one and two, First Degree Murder count three, First Degree Burglary count four, Second Degree Burglary count five, Theft count six, Robbery and count seven, Conspiracy to Commit Robbery (F5). on April-26, 2004, the defendant pled guilty to count three, First Degree Burglary (F3), and added count eight, Violent Crime (SE). On June-25, 2004, the defendant was sentenced to 22 years Department of Corrections and granted credit' for 287 days prewsentence confinement. PRESENT OFFENSE: Attached for the Court's review is a synopsis filed by the Lakewood - Police Department. It is listed as Case Report Number 03ll3900. Abcording tore In summary, 4 2, an attorney with the found deceased in his home on September 9, 2003. He was found by co--workers. His co-workers responded.to the home after he failed to appear at his work office. His decomposing body was located on the floor of the bedroom, concealed under a mattress. His feet, legs and hands were bound together by duct tape and his head was covered with a pillow case. An autopsy was conducted on September 12, 2003. Detectives initiated a financial background investigation of the victim and learned that his U.S. Bank Visa/Debit Card was used at_e? aw Restaurant on September 6, 2003. Upon learning this information, the cowdefendant, in rs,n. was located and interviewed. According to coedefendant, .k she and the defendant, Serry Leslie, had agreed to "take in friends" and two of th l'sted co--defendants. The reports indicated that by and agreed to pay half of the rent. When they were unable to secure enough funds for rent, the report stated thatiih suggested they "go to the lawyer's," where she could get.some money. According to.) "Hwy, she had once before taken co? defendant "the lawyer's" and left her with a friend, "m 'When returned, both and' had money. r.stated "the lawyer" had given 'them.mcney to let him dress in women elothing and dance provocatively in front of them. .1 Late on Friday night, September 5, 2003, drove't and the house, the door was locked and there was no response so_they returned home. She stated they waited "for awhile" and they then returned to "the_lawyer's" home. There was still no response at the .door, so they walked around the house noting the television was on in the bedroom downstairs. 1 was concerned because she knew "the lawyer to be a drinker and drugger" and she thought he may be in trouble; Before they left, . looked through the security' door and noted that keys were on the table near at hand. to "the lawyerfs" in her car. When they reached" Terry Leslie 4 . i ,watched from the door as Tu"popped" a window on the door allowing to reach inside and-secure the keys. to go inside followed by 5 '"iand . 5 waited inside the door went downstairs to check on "the lawyer." f" ,returned to assure them that he was all right and asleep in bed. The report indicated that she was glad to have the keys because they could then return and "jack the lawyer." HiW..,ii ,and .. returned to their home and they informed Leslie, the efendant, of their plan to "jack- the lawyer". The defendant then accompanied them back to "the lawyer's" house and en route, they talked of plans to simply tie him up.. -2 explained "to jack him? meant they were_going to take his belongings and use such force as necessary to overcome resistance. Upon their arrival, ._Wiimi_-. .. and the defendafltr used the key to enter the residence. 5 waited for approximately 15 minutes and then entered the house. She put on her Bronco gloves before touching anything because she did not want to leave any indication she was there. She felt she was only a participant in a theft and nothing more, because she only drove the car and did not go a downstairs. Upon her entry into the house, i-and Terry Leslie were in the basement. The defendant came up and told her_ that he thought had killed "the lawyer." The report stated that the defendant observed choking the victim.and there - had been a struggle and during the struggle he lost the duct tape. At some point, according to she heard moaning-from downstairs. 1 .. reportedly assisted property from.the residence. in removing obtained credit cards of the victim.from and she used them.to get cash at the family restaurant. stated she swiped the cards and signed the charges herself..- stated that Terry Leslie was not present during-the_ transactions. The resulting funds were used for a trip to gamble in Black Hawk, Colorado._ A . stated that Terry Leslie, also known as "Knowledge," provided her with no further information about the events in the basement with the victim. insisted she never went.into the basement. the victim's death, and _tht Leslie choked "the lawyer" and ducttaped "the lawyer." Terry Leslie . 2 . stated that she and were "kicked out" of the M, home after being accused of stealing drugs froma and the defendant. 2 described it as a "few days after being kicked out" of apartment, that 4 found her at work and stated the victim was dead and accused if of killing "the lawyer." "T",told, hthat she knew nothing of was not involved.' who told her thatr subsequently contactedh According to reports, during an interview with the defendant, he stated he was not involved in this incident whatsoever. He admitted to hearing and discussing a plan to rob The defendant stated he was not in *4 during the incidenthome and was at- Offense reports listed the defendant as "Knowledge Mason," but during _detention, his true identity was learned to be that of Terry Leslie, Jr. An offense statement was not obtained from the defendant as he was not interviewed for purposes_of this report. According to a pre--sentence investigation report that was prepared in reference to the defendant and reportedly commontlaw married on September 27,-2003. were RESTITUTION AND INFORMATION: was a 56--year~old attorney, with the He practiced aviation/workman's compensation law. The date and-time of the offense is listed as September 5, 2003, at approximately 2400 hours. An autopsy was performed at the Jefferson County Coroner's Office on September 12, 2003, at 7:15 a.m. The victimTs body was found on September 9, 2003. The Coroner's Report noted.the following: "The manner ,of death is very suspicious for homicide based.upon the circumstances related to the decedent's discovery." According to the autopsy, the victim demonstrated advanced postmortem.decomposition which precluded an explanation for cause of death. Specifically, the extensive postmortem decomposition involving the soft tissues of the face and neck made it "impossible" to evaluate for an type of death related to suffocation and/or strangulation. Motions and Orders for Restitution were contained in the District Attorney's file, however, a financial amount was not listed on the orders. As of the date of this report, the probation department had not received any Victim Impact Statements from.the victimfs family. Should additional victim information be received prior to sentencing, it shall be forwarded to the Court. .Terry'Leslie_ A . . i 5 i (ll HISTORX: CRIMINAL HISTORY: CBI NO. FBI NU. DOC NO. 94105 October 27, 1995: Police Department, Denver, Colorado. Denver General Sessions Court Case Number 95GS725989. Defendant charged with Interference, Loitering, and Pedestrian Walking along Roadway. On October 28, 1995, the defendant pled guilty to all counts and was sentenced to two days jail. November 9, 1995 (Felony Conviction): Police Department, Denver, Colorado. Denver County District Court Case Number 95CR4736. Defendant .charged with two counts, Possession of a Schedule I Oontrolled Substance (F3). On January 23, 1996, the defendant pled guilty to amended count, Possession of a Schedule II Controlled Substance (F4), and the original counts were dismissed. On February 27, 1996, he was granted three years probation and was ordered to complete 50 hours of useful public service and level four treatment at On May 1, 1996, probation was revoked and he was sentenced to three years community corrections. On March 5, 1997, community corrections was revoked and he was sentenced to six years Department of Corrections and was granted- .credit.for 186 days. Sentence ordered concurrent to Denver County District Court Case Number 96CR4438. On November 4, 1997, the Court received notice of termination from boot camp. December 21, 1995: Police Department, Denver, Colorado. Denver General Sessions Court Case Number 95GS761557. Defendant charged with Threats to Person/Property. Defendant pled guilty as charged on December 22, 1995, and was sentenced to two days jail. Terry Leslie - 'September 17, 1996 (Felony Conviction): Police Department, Littleton, Colorado. Arapahoe County District Court Case Number Defendant charged with Second Degree Burglary (F3), Criminal Conspiracy (F4), Theft (F4) and Criminal Impersonation (F6). On March 18, 1997, the defendant pled guilty to Second Degree Burglary (F3) and the remaining counts_were dismissed. On July 11, 1997, the defendant was sentenced to nine years Department of Corrections and granted credit for 40 days pres sentence confinement. Sentence ordered concurrent to Denver County District Court Case Number 95CR4736. "September 28, 1996 (Felony Conviction): Police Department, Denver, Colorado. Denver County District Court Case Number 96CR4438. Defendant charged with Possession of a Schedule I Controlled Substance (F3). On .October 25, 1996, the defendant pled guilty as charged. On November 20, 1996, he was sentenced to three years probation and ordered.to complete 50 hours useful public service, pay court costs, complete level four treatment and serve 90 days jail and granted credit for 54 days time served. On March 5, 1997, probation was revoked and he was sentenced to 'six years Department of Corrections and was granted credit for 186 days. Sentence ordered concurrent to Denver County District Court Case Number 95CR4736. January 23, 1997: Police Department, Aurora, Colorado. Arapahoe County District Court Case Number 97CR330. Defendant charged with Possession.of I a Schedule II Controlled Substance (F4). On March 18, 1997, the case was dismissed pursuant to a plea agreement handed down in Arapahoe County District Court Case Number 97CR11. February 3, 1997: Police Department, Denver, Colorado. Denver County District-Court Case Number 97CR477. On February 19, 1997, the case was closed as formal charges were not filed. July 27, 2000 (Felony Conviction): Case filed in Denver County District Court Case Number 00CR2651, alleging Escape (F3). On August 28, 2000, the defendant pled guilty to added count, Criminal Attempt--Escape (F5). He was sentenced to one year Department of Corrections, consecutive to any sentence he was serving. The defendant was released on parole April 1, 2003: His discharge date is listed as April 1, 2008. September 5, 2003 (Felony Conviction): Listed offense date for the present matter before the Court. Attached for the Court's review is a copy of the defendant's Colorado Motor Vehicle Record. Terry Leslie - i ADDITIONAL INFORMATION: On February 28, 2005, this.officer received a letter from the defendant's attorney, This letter is attached for the Court's review. The letter, dated Februa officer not interview the defendant as part of the pre-sentence investigation. On February 28, 2005, this officer contacted the law clerk for Division 7, sh, - D, and she advised that per the Judge's approval, the probation department was excused from interviewing the defendant for purposes of this report. The aforementioned section of this report contains the defendant's criminal history as gathered by NCIC and Colorado State records. .SUMMARX Terry Leslie is a 28--year>>old male who has been found guilty by jury -verdict of two counts First Degree Murder According to statute, the.penalty for this crime is life imprisonment.- Respectfully submitted this 11" day of March, A.D., 2005: Probation officer REVIEWED BY: Probation supervisor March ll, 2005 Copies to: Deputy District Attorney Defense Counsel ry 25, 2005, requests that this