Found Deceased CO - Gannon Stauch, 11, Colorado Springs, El Paso County, 27 Jan 2020 *endangered* #24 **ARREST**

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HoldySi said:
I'm quite an amateur compared to all of ya'll... what exactly does 1st degree murder entail? Pre-meditation? Is it different from state to state?
Click to expand...

Under Colorado law, first-degree murder is the deliberate and premeditated killing of another human being with malice aforethought. It differs from second-degree murder in that it requires extreme indifference to human life generally rather than the intent to take the life of a particular person.1

In Colorado you also commit first-degree murder when:

  • Someone other than a co-conspirator dies during your commission or attempted commission of arson, robbery, burglary, kidnapping, or sexual assault (“felony murder”);
  • As a result of your perjury or subornation of perjury, an innocent person is convicted and executed;
  • Under circumstances evidencing extreme indifference to the value of human life, you cause the death of another person by knowingly engaging in conduct which creates a grave risk of death;
  • You unlawfully distribute, dispense, or sell a controlled substance to a child under 18 on school grounds and the child dies from using the substance; or
  • While occupying a position of trust with respect to a child under 12, you knowingly causing the death of the child.
First degree murder laws in Colorado |18-3-102 C.R.S.
 
Omg guys. My virgin WS self is literally sickened. I am not exaggerating. I literally just threw up. I'm now laughing at myself bc I am so ridiculous. I've been sad before in the C.A. case and others , but never this bad. I'm going to need to toughen up or see a shrink , if I ever follow a missing child case this closely again. His poor momma and dad and sisters.
 
HoldySi said:
I'm quite an amateur compared to all of ya'll... what exactly does 1st degree murder entail? Pre-meditation? Is it different from state to state?
Click to expand...

Yes, it is different from state to state.

In Colorado, it's premeditated and deliberate murder. Keep in mind that premeditation doesn't have to last very long. A premeditated act that results in the death of a specific person (making a kid get out of the car at a lonely roadside and marching him into the woods and telling him he'd better sit there until he's told he can leave) is premeditation and if the child dies, it's murder.

There can be all manner of variations on this. Giving a child too much of a medication can be premeditated murder.

We have to wait until pre-trial hearings to hear all that the DA's office has on TS.
 
Cindizzi said:
This just happened February 26:


Colorado is no longer a death penalty state. On February 26, 2020, the Colorado Legislature voted 38-27 to pass SB20.100. This repeals capital punishment for offenses charged on or after July 1, 2020. Governor Jared Polis has said he will sign the bill into law.
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BBM:

Ahhh, thank you!

Noted that the new law does not go into effect until July 1...so if charged with capital murder before that date, the dp is still on the table for TS.

Silver Linings.

Dan still has his bargaining chip, if he needs it.

With any luck, TS could be the last person executed in the State of Colorado.

JMO.
 
Cindizzi said:
This just happened February 26:


Colorado is no longer a death penalty state. On February 26, 2020, the Colorado Legislature voted 38-27 to pass SB20.100. This repeals capital punishment for offenses charged on or after July 1, 2020. Governor Jared Polis has said he will sign the bill into law.
Click to expand...
I honestly don't care about the death penalty, I'd rather see her spend the rest of her life in prison, with no "electronic" :)
 
Cagle said:
Under Colorado law, first-degree murder is the deliberate and premeditated killing of another human being with malice aforethought. It differs from second-degree murder in that it requires extreme indifference to human life generally rather than the intent to take the life of a particular person.1

In Colorado you also commit first-degree murder when:

  • Someone other than a co-conspirator dies during your commission or attempted commission of arson, robbery, burglary, kidnapping, or sexual assault (“felony murder”);
  • As a result of your perjury or subornation of perjury, an innocent person is convicted and executed;
  • Under circumstances evidencing extreme indifference to the value of human life, you cause the death of another person by knowingly engaging in conduct which creates a grave risk of death;
  • You unlawfully distribute, dispense, or sell a controlled substance to a child under 18 on school grounds and the child dies from using the substance; or
  • While occupying a position of trust with respect to a child under 12, you knowingly causing the death of the child.
First degree murder laws in Colorado |18-3-102 C.R.S.
Click to expand...

Thank you so much for pulling this information for me. My heart is shattered into so many pieces. I was one who, for awhile, thought/hoped Gannon was still out there. This one is hitting me extremely hard and I may need to step away. I feel sick.
 
Cindizzi said:
This just happened February 26:


Colorado is no longer a death penalty state. On February 26, 2020, the Colorado Legislature voted 38-27 to pass SB20.100. This repeals capital punishment for offenses charged on or after July 1, 2020. Governor Jared Polis has said he will sign the bill into law.
Click to expand...

So that says " for offenses charged after July 1, 2020". I wonder if that means convicted after that date? I mean, if they charge her now would it still fall under the death penalty timeline?
 
Kellsestxx said:
Omg guys. My virgin WS self is literally sickened. I am not exaggerating. I literally just threw up. I'm now laughing at myself bc I am so ridiculous. I've been sad before in the C.A. case and others , but never this bad. I'm going to need to toughen up or see a shrink , if I ever follow a missing child case this closely again. His poor momma and dad and sisters.
Click to expand...

You're a normal, loving human being. I have so many years of forensic work (40!) that I have learned to steel myself. Once a week had gone by and Gannon was still missing, I was ready for the worst news. But the world should not be full of people like me, it should be full of people like you.
 
All the articles I have read on her arrest state that the family of Gannon was alerted early this morning that the arrest would happen. Just heartbreaking even if they had two months to come to terms with it. You'd have to lock me up and they've been so stoic. I just want to wrap Landen up in a hug.
 
10ofRods said:
Okay, so TS has been arrested at least 15 times (some of these when she was quite young). Of these, several are violent and there are convictions. It looks like she pleaded to lesser charges on most of them.

These include Domestic Violence, Simple Assault, False Bomb Thread and others. It sounds to me as if she may have stalked and threatened her previous spouse.

This is why I kept saying there was more to her dismissal and removal of her license in SC. Usually, schools choose the most straightforward way of firing/removing a license, rather than get in a long drawn-out legal battle. People get hired to teach (probationary) with no one in HR getting criminal records, but once at a school, it's a rare principal that doesn't immediately look up an employee's records if there are any problems. And judging just from her criminal record, she has had constant problems.

Her last known arrest that I can find was in 2010, so she was in her mid-20's. Criminal Domestic Violence (no conviction, looks to be an open charge, statute has probably run).

I have reason to believe she may also have interacted with military police. She can't control herself. With 15 arrests for mostly violent offenses (including a conviction for destruction of property), she has obviously had more than one outburst in her life.

Can we now talk about the carpet video??
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Thanks for posting everything we have held forever it seems. I’m stuck at work
 
Cagle said:
So that says " for offenses charged after July 1, 2020". I wonder if that means convicted after that date? I mean, if they charge her now would it still fall under the death penalty timeline?
Click to expand...

Charged means charged (so that's already happened). Convicted is entirely different. I can't imagine a statute going by "conviction" as that process is variable in time. Charges are filed with the court on a particular date and that's the clock they're using.

So yeah, this is a DP case.
 
I am sure she will be extradited. But according to the link below, SC is one of two states that did not adopt the Uniform Criminal Extradition Act so procedures may be a bit different.

Extradition from another state into Colorado - How it works

Re: the DP. Although she's charged before July 1 and technically eligible, I don't think a defense attorney would believe the State would try to get it for TS. So I'm not sure that threat would work. Nor am I sure a jury would award it as a last-time use.
JMO
 
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