December 12, 2019 — The District Attorney has requested that the Court appoint a Special Prosecutor in the pending DUI case against Ouray County Sheriff Lance Fitzgerald. The Motion was filed today, December 12, 2019.

A District Attorney can request that a Special Prosecutor be appointed in any case, and it is not appropriate to publicly comment about the reasons for such a request. As a general matter, a DA has full authority to prosecute law enforcement officers acting within the District Attorney’s jurisdiction and doing so does not create a conflict of interest. However, in any case, one involving law enforcement or lay defendants, circumstances may exist which make it advisable for a District Attorney to seek a Special Prosecutor. Such circumstances can include knowledge of information or the existence of relationships that might affect a prosecutor’s “duty of fairness and neutrality.”

The District Attorney’s Office does not make the decision to seek a Special Prosecutor lightly, and the District Attorney consulted others prior to making this decision. The most important consideration must be adherence to the highest standards of ethical conduct and adopting a course of action that assures the community that public officials will be prosecuted fully consistent with the duty of fairness and neutrality practiced by Colorado prosecutors.

Any criminal charge against a defendant is merely an accusation and the defendant is presumed innocent until or unless proven guilty.

Request to Appoint Special Prosecutor in DUI case involving Ouray County Sheriff
Print or download press release