DISTRICT COURT, COUNTY OF ARAPAHOE, COLORADO. Arapahoe County Justice Center 7305 South Potomac Centennial, CO 80112 THE PEOPLE OF THE STATE OF COLORADO, iled NOV 24 2013 vy ~~ cewsneD couqTs DENNY DALE LOVERN, Defendant. * COURT USE ONLY * GEORGE H. BRAUCHLER, District Attomey CHRISTOPHER OPFER* case No: /4 L122 | Deputy District Attomey GI Case No.: 14 CR 6450 South Revere Parkway Centennial, CO 80111 cum: Registration Number: 42547 *Counsel of Record EIGHTEENTH JUDICIAL DISTRICT GRAND JURY INDICTMENT Of the 2014 term of the Eighteenth Judicial District Grand Jury; the 2014 Eighteenth Judicial District Grand Jurors, chosen, selected and swom in the name and by the authority of the People of the State of Colorado, upon their oaths, present the following indictment: COUNT ONE CRIMINAL ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE; 18-3-102(1)(4) and 18-2-101, C.R.S. (F2) COUNT TWO CRIMINAL ATTEMPT TO COMMIT ASSAULT IN THE FIRST DEGREE; 18-3-202(1)(c) and 18-2-101, C.R.S. (F4) COUNT THREE CRIMINAL ATTEMPT TO COMMIT MANSLAUGHTER; 18-3-104(1)(a) and 18-2-101, C.R.S. (FS) COUNT FOUR DRIVING UNDER THE INFLUENCE - THIRD OR SUBSEQUENT ALCOHOL-RELATED OFFENSE; 42-4-1301(1)(a) and 42-4-1307(6), C.R.S. (M) COUNT FIVE DRIVING UNDER RESTRAINT; 42-2-138(1)(a), C.R.S. (M)COUNT SIX COMPULSORY INSURANCE; 42-4-1409(2), C.R.S. (T1) COUNT SEVEN LEAVING THE SCENE OF AN ACCIDENT; 42-4-1602, CRS. (T2) COUNT EIGHT RECKLESS DRIVING; 42-4-1401, C.R.S. (T2) COUNT NINE CARELESS DRIVING; 42-4-1402(1),(2)(a), CRS. (T2) .L ATTEMPT MMIT DEGREE (F2) ‘On or about November 5, 2014, in Arapahoe County, Colorado, by engaging in conduct, constituting a substantial step toward the commission of murder in the first degree, DENNY DALE LOVERN unlawfully and feloniously, under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, knowingly engaged in conduct which created a grave risk of death to a person other than himself, and thereby attempted to cause the death of another person; in violation of section 18-3-102(1)(d) and 18-2-101, C.R.S. COUNT 2-CRIMINAL ATTEM!) MIT ASSAULT IN THE FIRST DEGREE (F4) On or about November 5, 2014, in Arapahoe County, Colorado, by engaging in conduct constituting a substantial step toward the commission of assault in the first degree, DENNY DALE LOVERN, under circumstances manifesting extreme indifference to the value of human life, unlawfully, feloniously, and knowingly engaged in conduct which eated a grave risk of death to another, and thereby attempted to cause serious bodily injury to another person; in violation of sections 18-3-202(1(c) and 18-2-101, CRS. COUNT 3-CRIMINAL ATTEMPT TO COMMIT MANSLAUGHTER (F5) On or about November 5, 2014, in Arapahoe County, Colorado, by engaging in conduct constituting a substantial step toward the commission of manslaughter, DENNY DALE LOVERN unlawfully, feloniously, and recklessly attempted to cause the death of another person; in violation of sections 18-3-104(1)(a) and 18-2-101, CRS.COUNT 4-DRIVING UNDER THE INFLUENCE - THIRD OR SUBSEQUENT ALCOHOL-RELATED OFFENSE (M) On or about November 5, 2014, in Arapahoe County, Colorado, DENNY DALE LOVERN unlawfully drove or operated a motor vehicle while under the influence of alcohol or drugs or both, Further, the defendant had been previously convicted of Driving Under The Influence on November 14, 2001, in the District Court of Arapahoe County, in case number 2001 CR 1874, Further, the defendant had been previously convicted of Driving Under The Influence on February 25, 1998, in the District Court of Arapahoe County, in case number 1997 CR violation of sections 42-4-1301(1)(a) and 42-4-1307(6), CRS. COUNT 5-D} INT. On or about November 5, 2014, in Arapahoe County, Colorado, DENNY DALE LOVERN unlawfully operated or drove a motor vehicle upon a highway with knowledge that the defendant's license or driving privilege was under restraint; in violation of section 42-2-138(I)(a), CRS. COUNT 6-COMPULSORY INSURANCE (T1) On or about November 5, 2014, in Arapahoe County, Colorado, DENNY DALE LOVERN, unlawfully operated a motor vehicle or low-power scooter on a public highway without a complying policy or certificate of self-insurance in full force and effect as required by law; in violation of section 42-4-1409(2), C.R.S. COUNT 7-LEAVING THE SCENE OF AN ACCIDENT (12) ‘On or about November 5, 2014, in Arapahoe County, Colorado, DENNY DALE LOVERN, the driver of a vehicle directly involved in an accident resulting in damage to a vehicle which was driven or attended by Kimberly H. Edwards, unlawfully failed to immediately stop the vehicle at the scene of the accident or as close thereto as possible and immediately return to and in every event remain at the scene of the accident, as required by law; in violation of section 42-4-1602, C.R.S.COUNT 8-RECKLESS DRIVING (12) On or about November 5, 2014, in Arapahoe County, Colorado, DENNY DALE LOVERN unlawfully drove a motor vehicle or low-power scooter in such a manner as to indicate a wanton or willful disregard for the safety of persons or property; in violation of section 42-4-1401, CRS. COUNT 9-CARELESS DRIVING ‘On or about November 5, 2014, in Arapahoe County, Colorado, DENNY DALE LOVERN unlawfully drove a motor vehicle or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, comers, traffic, and use of the streets or highways and all other attendant circumstances; in violation of section 42-4-1402(1),(2)(a), C.R.S. ‘The offenses alleged in Counts One through Nine were committed in the following manner: NOVEMBER 5, 2014 Denny Dale Lovern drove a black Saab sedan, with a Colorado license plate 405SSF. Lovern drove westbound on East Jefferson Avenue in Englewood, Colorado. Mr. Lover drove behind the victim, who was traveling with the flow of traffic at a speed of approximately 20 to 25 miles pet hour. Near the 600 block of East Jefferson Avenue, Mr. Lover's vehicle collided with the victim's vehicle, causing damage to her vehicle. After briefly checking the damage, both Mr. Lover and the victim then turned on to a nearby side-street to get out of traffic. The victim pulled over in the 3500 block of Washington Street, Englewood, Colorado, Mr. Loven continued to drive northbound on South Washington Street and left the area, With the help of witnesses, Officers with the Englewood Police Department were able to locate and make contact with Mr. Lovern, who admitted to driving the Saab that had been involved in the accident. Mr. Lovern admitted, “you got me” and “I did not mean to run into her.” Officers noticed several signs which indicated Mr. Lovern was intoxicated, including staggering as he walked, bloodshot and glassy eyes, slurred speech, unsteadiness when standing, and the odor of an alcoholic beverage. Mr. Lovern admitted, “I've had a lot to drink ~ I should not have been driving.” Mr. Lovern declined to submit to roadside sobriety tests and refused to submit to a chemical test of the alcohol content of his blood or breath. Mr. Lover's license was revoked, and did not provide proof of insurance. DENNY RN’S DRIVIN¢ RY, Mr. Lovern was first charged with Driving Under the Influence in 1983, and ultimately pled guilty to a lesser alcohol-related driving offense: Driving While Ability Impaired. As a result of that charge, Mr. Lovern was sentenced to a period of probation which included court-ordered alcohol education, a term common to his sentences over the years(Over the course of the 31 years between Mr. Lovem’s first Driving Under the Influence charge and the most recent incident, Mr. Lovern has been cited for an alcohol related driving offense at least 20 times. This has resulted in at least sixteen convictions for an alcohol related driving offense. This history includes the following cases: A. 83 T 5337 (Arapahoe County) Mr. Lovern was charged with Driving Under the Influence on November 20, 1983. He was convicted of Driving While Ability Impaired. B. 847 6561 (Arapahoe County) Mr. Lovern was charged with Driving Under the Influence, Driving with a Revoked License, and other traffic charges on September 24, 1984. He was convicted of Driving Under the Influence. C. 85 T 1222 (Arapahoe County) Mr. Lovern was charged with Driving Under the Influence, Driving with a Revoked License, and other traffic charges on February 8, 1985. He was convicted of Driving, Under the Influence. D, 86 F 1225 / 86 T 3499 (Arapahoe County) Mr. Lovern was charged with Driving Under the Influence and Driving with a Revoked License on April 22, 1986. He was convicted of Driving Under the Influence and Driving Under Revocation, E. 1987 Case (Arapahoe County) Investigation indicates Mr. Lovern was arrested, convicted and sentenced for DUI. F. 1989 Utah Case Investigation indicates Mr. Lovern was convicted for DUI but the underlying reports, and facts of this case could not be located G. 90 CR 138 (Arapahoe County) Mr. Lovern was charged with Driving Under the Influence and Driving After Revocation Prohibited as a Habitual Traffic Offender on August 16, 1989. He was convicted of Driving After Revocation Prohibited as a Habitual Traffic Offender and Driving Under the Influence. H. 91 T2060 (Arapahoe County) Mr. Lovern was charged with Driving Under the Influence and Driving with a Revoked License on March 10, 1991. He was convicted of Driving Under the Influence and Driving Under Revocation. L 92 T 7846/93 CR 2179 Mr. Lovern was charged with Driving Under the Influence and Driving After Revocation Prohibited as a Habitual Traffic Offender on November 24, 1992. Hewas convicted of Driving Under the Influence and Driving After Revocation Prohibited as a Habitual Traffic Offender. . 93 T6115 (Arapahoe County) Mr. Loven was charged with Driving Under the Influence, Driving Under Restraint, and Careless Driving on September 15, 1993. He was convicted of Driving While Ability Impaired and Driving Under Revocation. . 93 CR 2376 (Arapahoe County) Mr. Lovern was charged with Driving as a Habitual Traffic Offender and Driving, Under Restraint on December 16, 1993. This case was dismissed as part of a plea agreement. . 1994 Denver DUI Case Investigation indicates Mr. Lovern was convicted of DUI but the underlying police reports have not been located, |. 1995 Denver DUI Case Investigation indicates Mr. Lovern was charged with DUI but the underlying police reports have not been located. . 97 CR 1611 (Arapahoe County) Mr. Lovern was charged with Driving Under the Influence and Driving as a Habitual ‘Traffic Offender on October 22, 1995. He was convicted of Driving as a Habitual ‘Traffic Offender and Driving Under the Influence. ). 97 CR 1829 (Arapahoe County) Mr. Lovern was charged with Driving as a Habitual Traffic Offender, Driving Under the Influence, and Weaving on March 27, 1997. This case was dismissed as part of a plea agreement. . 00 CR 1303 (Arapahoe County) Mr. Lovern was charged with Driving as a Habitual Traffic Offender, Driving Under the Influence, and No Proof of Insurance on April 15, 2000. He was convicted of Driving as a Habitual Traffic Offender. ). 00 M 1667 (Arapahoe County) Mr. Lovern was charged with Driving as a Habitual Traffic Offender on June 18, 2000. This case was dismissed as part of a plea agreement. . 01 CR 235 (Arapahoe County) Mr. Lovern was charged with Aggravated Driving as a Habitual Traffic Offender, Driving Under the Influence, and No Proof of Insurance. This case was dismissed as part of a plea agreement in another case.S. 01 CR 1874 (Arapahoe County) Mr. Lovern was charged with Aggravated Driving as a Habitual Traffic Offender and Driving Under the Influence on July 4, 2001. He was convicted of both Aggravated Driving as a Habitual Traffic Offender and Driving Under the Influence. T. 05 M 2522 (Arapahoe County) Mr. Lovern was charged with Driving as a Habitual Traffic Offender on December 11, 2005. He was convicted of Driving as a Habitual Traffic Offender, U. 08 T5230 / 09 CR 1653 (Arapahoe County) Ms. Lovern was charged with Driving Under the Influence. He ultimately was convicted of Driving Under the Influence. V. Kansas 2011 DUI Investigation indicates Mr. Lovern was convicted of DUI but the underlying police reports have not been located. W. 13 T9986 (Arapahoe County) Mr. Lovern was charged with Driving Under the Influence, Careless Driving, Unsafe Backing, and Tampering With an Interlock Device on August 4, 2013. This case remains pending before the court, ‘As a consequence of several of his convictions, Mr. Lovern has previously been ordered to participate in various alcohol education programs over the last three-plus decades. At least some of those courses provide education relating to substance abuse as well as to the dangers associated with drinking and driving, including the risk of injury or death to others in the community as a consequence of drinking and driving, All offenses against the peace and dignity of the people of the State of Colorado. AS TO COUNT ONE: _ fe AS TO COUNT TWO: A TRUE BILL ANO TRUE BILLAS TO COUNT THREE: AS TO COUNT FOUR: AS TO COUNT FIVE: ‘TRUE BILL I AS TO COUNT SIX: A TRUE BILL AS TO COUNT SEVEN: TRUE BILL I AS TO COUNT EIGHT: A TRI AS TO COUNT NINE: TRUE BILL | ANO TRUE BILL ANOTRUE BILL ANO TRUE BILL ANOTRUE BILL ANO TRUE BILL ANOTRUE BILL ANO TRUE BILLL : the Foreperson of the 2014 Eighteenth Judicial y y True Bill returned in this 2014 Eighteenth Judicial District Grand Jury was arrived at after deliberation Gnd withthe assent and agreement tothe existence of probable cause by at least nine members of the 2014 Eighteenth Judicial District Grand Jury. FOREPERSON Subscribed and swom to before me in the County of Arapahoe, State of Colorado, the day of__- _ 2014 ARY PUBLIC My Commission Expires: 2-7 /) GEORGE H. BRAUCHL District Attomey Eighteenth Judicial District istopher Opfer, #_ Deputy District Attomey Eighteenth Judicial District The 2014 Eighteenth Judicial District Grand Jury presents the within Indictment, and the same is hereby ORDERED FILED this < day of _ é __, 2014. WARRANT TO ISSUE BOND SET AT 7 “_"DENNYDALE LOVERNWITNESS LIST DENNY LOVERN GRAND JURY BART DORSCHEID 6450. S. REVERE PARKWAY Englewood, CO 80112 720-873-4525 Investigating Officer CLERK OF THE COURT ~ 18™ JUDICIAL DISTRICT TAMARA HERVEL 7325 s. Potomac St. Centennial, CO 80112 Court Records ENGLEWOOD POLICE DEPARTMENT 3615 8. ELATI STREET ENGLEWOOD, CO 80110 MARK MCCANN BRIAN MARTINEZ ANDREA FRIDAY MICHELLE KIRSCHMAR 12355 ALBROOK DRIVE DENVER, C0 80239 CURRENT CASE WITNESS LESLIE ANN BARROWS 501 E, HAMPDEN AVE. ENGLEWOOD, CO 80110 KIMBERLY EDWARDS 3244 S. NEWLAND ST. DENVER, CO 80227