Alleged cop-killer Raul Gomez-Garcia will not face the death penalty or life in prison without the possibility of parole, Denver District Attorney Mitch Morrissey said Thursday, a decision that could result in the suspect’s return from Mexico to stand trial.
“I fully intend to do everything I can to get him back here,” Morrissey said.
Gomez-Garcia is charged with second-degree murder in the May 8 shooting death of Denver police Detective Donald “Donnie” Young and attempted first-degree murder in the wounding of Detective John “Jack” Bishop, Morrissey announced.
Observers say the penalty for those offenses will amount to a virtual life sentence if Gomez-Garcia is convicted. He would serve 32 to 96 years in a Colorado prison if convicted on the two counts.
Morrissey decided to forgo a first-degree murder charge because Mexican authorities have said they will not extradite Gomez-Garcia if he could face death or a life sentence without parole. “Those two options are not open to me,” Morrissey said at a news conference.
Gomez-Garcia could not be paroled until he had served 75 percent of his sentence, Morrissey said. Additional or amended charges are possible, he said, but they won’t include first-degree murder.
Morrissey said he made the decision after consulting with the injured detective and Young’s widow.
“This is what she wants to do,” Morrissey said of Kelly Young. “I think it’s extremely important that this individual be brought back to this community.”
Veteran criminal defense lawyer Larry Pozner said the decision “makes sense” and was Morrissey’s only option if he hopes to get Mexico to extradite Gomez-Garcia.
It is important to many to have him returned to Denver for trial and possible punishment, Pozner said.
The charges were filed May 16 but kept sealed under court order until Thursday, when Morrissey announced he would not seek a grand jury indictment. Other documents, including arrest warrant affidavits, remain under seal.
Morrissey said he didn’t file first-degree murder charges because the charge carries just two possible punishments: a life sentence without parole or the death penalty. Under Colorado law, murdering a police officer is one factor that could result in the death penalty.
Morrissey also met Thursday with the Mexican consul general, Juan Marcos Gutierrez Gonzales. He said U.S. and Mexican officials are “on the same page” regarding extradition.
“Oftentimes there are bumps in the road,” Morrissey said. “I don’t see any here.”
Still, the extradition process is lengthy. Denver prosecutors have 60 days from June 4, the date of Gomez-Garcia’s capture in Mexico, to file the required paperwork in Mexico City. That’s just the first step, assuming the suspect and his Mexican lawyer fight extradition.
“It could be months,” Morrissey said. “It could possibly be a year or so.”
Staff writer Sean Kelly can be reached at 303-820-1858 or skelly@denverpost.com.
