Agree gun is new -- but not certain.
At the time the initial AA was written (prior to GS body located), investigators had evidence that a violent crime occurred in GS bedroom and concluded that LS killed him because of her wildly changing stories about their final days together, her cell phone and internet search records and erratic behavior in the days after he went missing, according to an El Paso County sheriff’s arrest affidavit.
After GS body was located, the DA filed an amended Complaint & Information on March 20, 2020, adding nine more charges against LS for a total of 13.
I think it's important to note that every Complaint filed in courts across the land cite the respective revised statute for that state to define each charge against the defendant. In this case, it's
Colorado Revised Statute Title 18 Criminal Code Section 18-1-901.
The nine additional charges filed against LS on March 20, 2020 include:
1) First-degree murder - after deliberation;... 6) Crime of violence (used, or possessed and threatened use of a
deadly weapon, namely: firearm);
7) Crime of violence (used, or possessed and threatened use of a
deadly weapon, namely: blunt instrument); and charges 8 - 13) Crime of violence (SE), each.
According to
CRS 18-1-3.406 - Mandatory sentences for violent crimes, a
crime of violence charge is a sentence enhancer that's used in a case which it considers to be exceptional and to involve unusual and extenuating circumstances and which provides that 1) a court shall sentence a person
convicted of two or more separate crimes of violence arising out of the same incident so that his or her sentences are served consecutively rather than concurrently. (The state only has to convict LS on 2 of the 8 Crimes of violence against her for a double life sentence)!
CRS Section 18-1-901 states: ...
(e)
“Deadly weapon” means:
(I) A firearm, whether loaded or unloaded;
or
(II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
At the presser, the DA read the additional charges against LS but stated he would not be discussing the charges against LS. In later reports, the DA's spokesperson made it clear that the charges of GS death by use of a
deadly weapon did not necessarily mean that all three (gun, knife, blunt object) applied here but would also not say which was used against GS. (See definition above, it's
or not
and).
In other words, as typical, the DA simply cited the language from Colorado's criminal code in it's amended complaint, and refused to say which weapon(s) actually used against GS, whereas the Media reported GS was shot, stabbed, and bludgeoned-- without any evidence.
If true that LS killed GS while he was in bed after returning home from their shopping/errands, I don't think LS used a gun. If so, I think we'd be hearing more rumblings of either a gun located or investigators searching for the gun LS used.
I've always believed it more likely that LS stabbed or bludgeoned GS with something like a baseball bat.
MOO
https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/Amended Complaint.pdf
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