WRF Affidavit

Fowler Software murder
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Affidavit and application for arrest warrant

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First-degree murder

Colorado Revised Statute 18-3-102. Murder in the first degree.

(1) A person commits the crime of murder in the first degree if:

(a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or

(.....)

(3) Murder in the first degree is a class 1 felony.

(-....)

Factors for death sentence

In Colorado, a first degree murder requires at least 1 of 17 aggravating factors for the death sentence to become available.

1. The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)
2. The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
3. The defendant killed the victim while lying in wait
4. The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
5. The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
6. The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
7. The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
8. The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
9. The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
10. The victim was an elected or appointed official or former official of the federal government, or local or state government, and the killing intentionally prevented the victim’s official duties
11. The murder was committed against a person held as a shield, as a hostage, or for ransom
12. The defendant used chemical, biological, or radiological weapons and/or the person intentionally killed more than one person in one criminal episode
13. The victim was a pregnant woman and the defendant intentionally killed the victim, knowing she was pregnant
14. The defendant committed treason
15. The defendant’s possession of the weapon used to commit the class 1 felony constituted a felony offense under the laws of the state
16. The defendant intentionally killed more than one person in more than one criminal episode
17. The defendant committed the class 1 felony against the victim because of the victim’s race, color, ancestry, religion or national origin.

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