Colorado: Man pleads guilty to second-degree assault on cop
MONTROSE - Tyson Quarles agreed Monday to spend up to 14 years in prison
for second-degree assault on a peace officer and a single count of felony-5
menacing for his Oct. 15, 2004 attack on Montrose Police Sgt. Rick LaPena.
Though numerous other felony charges, including first-degree assault on a
peace officer with a deadly weapon, were dropped as part of his plea agreement,
a local minister said 14 years in the Department of Corrections was no sort
of justice.
"From talking to Tyson and from media (reports), what happened looks
like more of a suicide attempt on his part. ŠAs a community, we can have
a better response than a 14-year prison sentence," Jonathan Miles, pastor
at the Montrose First Baptist Church, said outside of court. Miles first tried
to speak on Quarles' behalf during proceedings, but court rules did not allow
it.
"This is the first time I've tried to speak up in a legal situation," he
said. "I just had a sense that we were failing him as a community."
Miles had met Quarles through prison ministry work, as had Joel Kleeves, who
is involved in a jail bible study program. Both men said Quarles' problems
were the result of methamphetamine addiction and despair.
"When he had this problem, he was under the influence of meth," said
Kleeves. "That says a lot to me."
Quarles, 24, was arrested last year after leading police and sheriff's officers
on a vehicle and foot chase after they tried to arrest him on outstanding warrants,
including one from Montana.
When cornered in a field behind Russell Stover's Candies, Quarles is said
to have brandished a knife and stated: "I'm not going back to prison." Quarles
reportedly asked officers if they would shoot him if he were to stab one of
them.
When he cut at his own throat, police said they fired a Taser to stop him,
but the device misfired and Quarles ran toward LaPena, stabbing him in the
stomach area. LaPena's body armor slowed the blade and though he had the wind
knocked out of him, he wasn't seriously injured.
In court Monday, Quarles told Judge Dennis Friedrich he hadn't seen the body
armor and the blood on it, even though he was entitled to see all evidence
against him.
"It's not a big deal," he said, to which Friedrich replied: "It
is to me" and demanded an explanation from attorneys.
Public defender Harvey Palefsky said the vest had gone to the Colorado Bureau
of Investigation, but the tests weren't back yet. Further, that piece of evidence
had to do with the charge of first-degree assault on a peace officer, which
was dismissed under plea agreement.
Quarles also said he took medication "to make me happy," yet wasn't
taking any currently. But he also said the lack of medication did not interfere
with his ability to understand proceedings.
Miles called these revelations "red flags" and said he didn't feel
Quarles understood the sentencing process. He also said Quarles was a better
candidate for Community Corrections and drug treatment than for prison, a place
where he feared for his life.
Montrose Police Cmdr. Gene Lillard agreed Quarles hadn't wanted to return
to prison.
"He felt that was a death sentence, if he was sent back to prison," Lillard
told the Daily Press.
Nonetheless, he added, Quarles could've killed LaPena, who with other officers,
was only trying to keep him from hurting himself.
"I think that's something that should've been taken into consideration," he
said. "They could've used lethal force right off the bat, but they were
trying to save his life."
Miles said Quarles, who'd grown up in foster care, may have attacked LaPena
out of despair, not in an attempt to kill him. "He said he had nothing
to live for anymore," Miles said, telling of Quarles' hopes of attending
college and getting married - hopes made faint by the 14-year sentence.
"He felt he was pretty much (left with) no choice, that no one would
advocate for him," Miles said of the decision to plead guilty.
He'd hoped to work with the court to get Quarles into a drug treatment program
that could have the potential of rehabilitating him.
"From my Christian faith, we can never give up on that hope for anyone."
Quarles will serve 14 years on the assault plea and three years on the menacing
plea concurrently, so that his total prison time is 14 years. Mandatory parole
- three years on the first count and two on the second - will follow and will
also be completed concurrently.
Quarles also agreed to be extradited to Montana, where Palefsky said he'd
been given a 10-year sentence for robbery, with five suspended. Because he
violated the conditions of the suspension, he must serve those five years.
Montana agreed to allow him to do so concurrent with his 14-year sentence here,
but he must first go to Montana to take care of the warrant that state issued.
Formal sentencing is at 3:30 p.m. on Oct. 3.
Lillard said the possible14-year sentence had its merits. "He attempted
to cause bodily harm to a police officer by stabbing him. Our people were there
to help him and tried to do it in a peaceful way. He took that step where he
endangered several police officers' lives."