The Colorado Court of Appeals on Thursday overturned a found guilty in a 2010 shooting that paralyzed a then-16-year-old girl.
The appellate court found Luis Enrique Guzman-Rincon’s right to counsel and right to be present at critical stages of court proceedings were violated.
The court has remanded Guzman-Rincon for a new trial.
Guzman-Rincon was convicted in the outside of Aurora Central High School as Guzman-Rincon allegedly argued with rival gang members.
Vargas was showing a puppy to friends when she was gunned down outside the school. She was paralyzed, and doctors said she likely would never walk again.
Guzman-Rincon initially was sentenced to 35 years in prison in the case.
But the appeals court found that his constitutional rights were violated. Specifically, the court said, during his trial, the prosecution and judge met about a potential threat to the jury without Guzman-Rincon or his lawyer present.
“We conclude defendant’s right to be present was violated when the court discussed with the prosecutors what to tell the jurors about its decision to sequester them,” the appeals court said in its ruling.
Guzman-Rincon was in the country illegally and was a former student at Aurora Central.
Vargas later in support of stricter gun laws.
Jesse Paul: 303-954-1733 or jpaul@denverpost.com
