Prosecutors have dropped a criminal case against a teenage boy who dislodged a rock that fell and killed a girl in Estes Park last summer.
Freddie Henderson Bailey III, 16, of Katy, Texas, had been charged with manslaughter in the death of 17-year-old Audra Brownell of Sparta, Mich., on June 17, and a trial had been scheduled to begin Feb. 1.
Prosecutors filed a motion Thursday asking the court to dismiss the case against Bailey, said Linda Jensen, a Larimer County district attorney’s office spokeswoman.
In preparation for the trial, prosecutors and police were “reinterviewing” teenage witnesses to the Estes Park incident. Both the victim and defendant had visited the area with separate church groups.
“It became apparent that the parents . . . were very concerned with retraumatizing their children by having them testify,” the DA’s office said in a news release.
Additionally, some teen witnesses had “different recollections” of what happened that day compared with what they first told investigators, prosecutors said.
Larry Mertes, Bailey’s Boulder- based defense attorney, said that the case should not have been brought against his client because the rock area where the incident occurred is unsafe.
The DA’s office said there was no evidence that Bailey intended to cause injury to anyone when he dislodged the rock.
The district attorney’s office determined it could not proceed with the case.
A Bailey family news release issued through Mertes’ office said that the case was an attempt by Estes Park Police to “pin some blame on someone, anyone, for the tragic loss of Audra’s life.”
The release also alleged misconduct on the part of police.
“Children were interrogated without their parents’ consent or presence, as required by Colorado law. During this investigation police bullied and suggested answers to witnesses,” said the Bailey family release.
Jensen denied that police acted illegally.
“Colorado law does not require a parent to be present when a juvenile is interviewed by the police unless that juvenile has been placed into custody. No child was ever in custody in this case,” Jensen said.
Kieran Nicholson: 303-954-1822 or knicholson@denverpost.com
Kyle Glazier: 303-954-1638 or kglazier@denverpost.com
