Arapahoe County – The defense attorney for an Iraq war veteran accused of attempted murder has filed a motion asking that the Arapahoe County district attorney’s office be removed from the case.
Tina Tussay, attorney for Robert Ziarnick, 26, said she asked for the removal because Arapahoe County District Attorney Carol Chambers received a reverse-911 call at her home during the manhunt that preceded Ziarnick’s arrest.
“In my opinion,” Tussay said, “that gives her a conflict. It’s an ethical conflict.”
Tussay said the reverse-911 call may mean Chambers is a witness in the case or otherwise personally involved.
Ziarnick, who police said served in the Iraq war as a Marine, is accused of shooting several times at a Greenwood Village police officer and then carjacking a vehicle before being arrested in Cherry Creek State Park. That sequence of events occurred Aug. 6 as police tried to confront Ziarnick after his wife called for help.
Ziarnick fled when officers arrived, according to police.
In a separate case involving Ziarnick, his wife told police that he suffers from post-traumatic stress disorder because of his time in Iraq. She is involved in a domestic-violence case against him in Boulder.
Ziarnick was scheduled for a preliminary hearing Tuesday, but that was postponed pending a ruling on Tussay’s motion. A judge will hear arguments on the motion on Nov. 14.
“The district attorney’s office believes it is appropriate to try this case in Arapahoe County,” said Kathleen Walsh, a spokeswoman for the Arapahoe County DA. “But the judge will make the final decision in the matter.”
If the judge grants the motion, a special prosecutor will be appointed for the case.
Staff writer John Ingold can be reached at 720-929-0898 or jingold@denverpost.com.
