Denver District Judge Robert McGahey Jr. sentenced developer Erik Osborn on Thursday to 10 years of community corrections after his conviction last month on one count of theft over $20,000.
McGahey said he would have liked Osborn to serve time in the penitentiary but felt his hands were tied by the 10-year community corrections sentence Osborn received in a previous jury trial.
The 10-year community corrections sentence issued by McGahey will be served immediately after the sentence Osborn received from Judge Sheila Rappaport for his previous conviction.
“But for that sentence, I would send you to the penitentiary without any hesitation at all,” said McGahey, who also gave Osborn a suspended sentence of four years in the Department of Corrections and five years of probation. “Thieves are thieves.”
In April, Osborn was sentenced to 10 years in community corrections on two felony theft convictions. A jury in December found him guilty of stealing money from investors in the downtown condo project One Lincoln Park and a Greenwood Village office-building renovation.
The sentencing Thursday was for a separate case in which he was found guilty of diverting money from a development project at 1800 Glenarm Place, controlled by capital-funds manager Michelle Brokaw.
A restitution hearing is scheduled for Aug. 6.
Speaking briefly to the court, Osborn said he has done his best to pay back what he can and said he is employed.
“I would appreciate the opportunity to have the ability to repay,” he said.
Relatives at the sentencing said Osborn was raised in a loving family that had core values of honesty and integrity. People were drawn to Osborn by his charisma and self-assurance, his sister, Kristin Coleman, told the court.
Brokaw agreed with the assessment that people were drawn to Osborn by his charisma.
“Charisma is what he uses to pull in his prey,” said Brokaw, who asked the judge to impose the stiffest sentence possible. “The problem is, I don’t think he’ll ever stop.”
Margaret Jackson: 303-954-1473 or mjackson@denverpost.com
