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A hearing today may signal an agreement for 2 suspects in the Castle Rock killings

Kirk Mitchell of The Denver Post.
PUBLISHED:
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The last two suspects in the alleged murder-for-hire killings of two Castle Rock people are scheduled for disposition hearings this morning in Douglas County, possibly signaling plea agreements.

Josiah Sher, 27, and Christopher Wells, 50, are charged with numerous counts, including first-degree murder and conspiracy to commit first-degree murder.

Two co-conspirators, Matthew Plake, 27, and Micah Woody, 30, were each sentenced in the past few weeks to 48 years in prison for their roles in the Feb. 23, 2011, deaths of Robert Rafferty, 49, and Amara Wells, 39. Plake and Woody both entered plea agreements.

Christopher Wells also allegedly ordered the murder of his sister, Tamara Rafferty, but she was out of town when Sher allegedly entered her house and killed her husband and her brother’s estranged wife.

District Attorney Carol Chambers’ office has previously announced it was seeking the death penalty against Sher.

Peter Hedeen — who had been an attorney for Robert Ray, who was sentenced to death for killing Javad Marshall-Fields and Vivian Wolfe — said it is unusual for prosecutors to change their minds about seeking the death penalty.

“Something dramatic would have to happen in the mind of the prosecutor,” Hedeen said.

“It will be very interesting to see what the deal is,” Hedeen said.

He said getting the two co-defendants to testify against Sher and Wells would have added pressure to the defense.

It’s possible but less likely that defense attorneys presented mitigating evidence to the prosecution, convincing them they should not seek the death penalty.

Wells is the only one of the four alleged co-conspirators who had a motive other than money for killing his family members.

Wells was in jail on a restraining-order violation when the slayings happened in the early- morning hours of Feb. 23.

Wells’ attorney Tina Tussay-Cooper indicated through questioning during a preliminary hearing that the evidence linking her client to the slayings was weak, including no evidence that money changed hands.

She did not return a phone message Wednesday.

Spokeswoman Casimir Spencer
said in a news release that Chambers’ office will not comment on the latest developments because the case has been sealed.

Kirk Mitchell: 303-954-1206 or kmitchell@denverpost.com

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