December 2, 2011 Morgan was been taken from our world

11 years ago today was the most horrific day of our lives. It changed our lives forever, and our family will never be the same again. Every day, I wish it had been me, and not her. I would trade my life in a heartbeat for hers, but I was not given the chance.

Many people in power would like us to go away. They would like us to forget what happened, and just go along with their false narrative. But, here’s the thing…the facts and the evidence show the truth about what really happened to Morgan. She died at the hands of another.

So, no matter what lies others would like us to believe, in order to make their lives easier, the truth never changes, and justice still needs to be served for Morgan!

December 2, 2011 was the beginning of our fight for justice, and we will NEVER give up!

December 2, 2011

Our neighbor Mark pulled into his driveway next door, a few minutes after midnight. He looks at our house, and sees Morgan’s lights are off. One of my nieces can’t sleep without the TV on. For others they may need a bedside light, or even just the soft glow of a nightlight, but Morgan liked no lights on at all, so what Mark saw was the norm.

Another sheriff deputies’ patrol of the neighborhood happened at 1:21 AM. This was the drive right through patrol, it took 35 seconds to loop the end of the street, and drive back by – no stopping, no shining their spot light. The second patrol of the early morning came by at 2:44 am. This time there was a complete stop between our house and our next door neighbor Rhonda’s,  a searchlight flooding our roof, this patrol took closer to one minute to make the loop, and do a visual of the roof.

Why did they know to check the roof with their light? We never knew about the roof until months after Morgan’s death. Our roof was how the stalker was able to hide.

For almost exactly an hour, it all looked quiet, then the motion detector light on the corner of the garage goes on. For the one and only time, during the lifetime of the video surveillance of our house, a young deer, a fawn walks, and then trots by Morgan’s window.

Our neighbor Mark came out to warm up his car just before 4:30 AM, and he notices something, Morgan’s bathroom light is on. This was out of character, Morgan was not an early riser. Mark drives off at 4:36 AM.

Steve remembers getting out of bed after 5:30 AM. He has been awake for a while and decides to make it official. He makes coffee and sits at the kitchen table reading over some floor plans. His current project is at the state where no mistakes comes with an explanation mark, and he reviews the details. I lie awake before 6:00 AM, but the smell of Steve’s coffee is too much, I get up, pull on a fuzzy, warm robe and join him in the kitchen for just a second, I then had a thought pass through my mind, why hasn’t Morgan woken me up yet to take out her puppy to go potty?

Across the valley, Scott, a very good family friend woke up much earlier than usual. He looked outside, and found something extra special in this mornings sunrise. So, he grabbed a camera that was on the table behind him, and went outside to capture it. He presented us with the photo of the sunrise coming up from Aspen, as it came up over the mountains, clearly showing here comes the snow – months later, safely mounted in a very special frame that he made, he gave it to us – it was the sunrise on the morning that we found Morgan’s body. The fresh snow we were all waiting on came one day too late for us…no prints in the snow last night, because it hadn’t snowed at all.

Steve is engrossed in his plans, and as Morgan has not called me yet to take her puppy Wylah out, I just decide to go and take her out. When I enter Morgan’s room, I notice her bathroom light is on, and the puppy and cat are both sitting next to each other in the bathroom looking bewildered, a something is not right sensation comes over me. Up until this time, they never went by each other, Morgan’s cat Mogwai wanted nothing to do with the puppy. I notice Wylah has had an accident on the floor. Morgan looks like she is sleeping and doesn’t wake up when I call for her puppy to come to me. I take her puppy out to the backyard, as I had every single morning since Morgan was shocked into retreat by her stalker, after he showed up in our yard only 10 feet from Morgan. I thought of how fearful she felt that morning, as I scanned the yard for anything that looked out of place, while Wylah did her morning potty thing out in the back yard. So many times I had wanted him (the stalker) to be here, I wanted him to challenge me, and I wanted to take him down.

Wylah seemed apprehensive this morning, and took extra time to find the perfect spot to complete her business, and then she was quick to get back inside. She would usually sleep after she went potty until Morgan woke up, and now I brought her back to Morgan’s room. Wylah hopped on her Morgan’s bed, and looked at me. The oddness was growing, Morgan would have thanked me for taking her out, but she had not. And now I was expecting to hear words from our daughter before I went to join Steve for some coffee and some breakfast. There were no words. 

So, I asked her, “Aren’t you going to say thanks for cleaning Wylah’s accident, and taking her out Morgan?”

There was still no response. I looked again and it was all very odd. Morgan was over here, when she always slept over there. Her position didn’t even look right, The blankets, her nightstand, the floor, as it all began to grasp me, but I shook it off. Touching her on the shoulder she felt warm, even though her shoulder had not been covered up. Morgan was usually a ‘burrow under the covers’ sleeper, and there was not a hint of burrow here. I shook her shoulder gently, so as not to startle her, and said her name.

Again, she made no noise, and right then I needed Steve! Like those times when Daddy makes the crying stop, right now Daddy was going to wake her up – he had to.

I left her bedroom door open and quickly went toward the kitchen, and yelled for Steve. He sensed it immediately, and was up and rushing quickly towards me, as I turned the corner.

“Something’s wrong, Morgan won’t wake up. I told him, and he did not accompany me back to the room, he ran past me and was kneeling on her bed at her side by the time I got there. He was shaking, then shaking more. Then his words were “Oh, no, Oh, no, in a tone of disbelief.

“Call 911, NOW!” – those are words I will never forget. I was frozen in place and had not moved when Steve rolled Morgan onto her back, and her eyes, oh, her beautiful eyes, Morgan’s soft pools of blue that held such happiness, and wonder for twenty years seemed to be grotesquely stretched in irregular shapes up her face, and turned to a shiny dark black. As if she had just become possessed – they were wide open, and a bolt of goodness was needed to be shot into her to return Morgan to Morgan.

Steve had started CPR and was counting out loud, he repeated the NOW of my instructions. The room could have spun, but seemed to be only starting to spin and then stopping. I was across the hall in my office dialing the numbers, and I could hear Steve’s counting, over and over again. Then I heard him scream, “Morgan take my breath, breathe!”

I was connected to 911 emergency, but the nature of my emergency was unimaginable to try to explain. We needed help, fast… they were coming. I told Steve they were on the way, but he could not hear me. He was screaming for Morgan. I could hear his words, but I would not let myself understand his words.

The 911 operator told me that we needed to get her onto something firm, the floor, so I ran back into Morgan’s room and helped Steve move her. I saw my daughter’s face and in a quick flash it looked blue, I could not bear to look at her eyes, so I looked down to the floor at her feet, and grasped her ankles to feel her warmth. In that very moment I had a “flash,” or what you might call a “download” of information…I knew Morgan was no longer in her body, I felt her whispering to me that she was safe now, no one could her anymore, and she was still on her journey. A huge blast of warmth hit my spine, like when she used to put her hand on my back when I was upset. I truly believe Morgan was trying to get me through this horrific moment. 

Steve continued CPR – he wanted to help her breathe, and I heard him say “oh, no” again. I looked at him and he looked back at me, he wanted to say something, I don’t think he knew the I already knew she was dead. Instead he shook his head and told me to move my car, to get it out of the driveway, so the ambulance could pull right up to the door.

It was dead quiet as I ran outside, but then it was like I was in a trance…I guess once I got outside, my brain couldn’t comprehend what was happening. It went into protect mode, like this was only a dream. I walked to the car, unlocked it and looked inside to see if I needed to remove any of Morgan’s ballet shoes, so the cold wouldn’t damage them. It makes no sense now, but I think my mind just wanted me to do all the normal things I would usually do, so this could go back to being a ‘normal’ morning, and nothing was wrong. I so desperately wanted to believe this wasn’t really happening.

I walked back into the house and Steve yelled, “Are they here yet?” All of a sudden, I snapped out of my trance, and ran back outside, realizing that I did not move the car! There was no one on the street, I raced back down the driveway and jumped into the car, that was in front of the garage, and backed it out into the street. As I ran back towards the front door, I saw them – men searching, waving flashlights, dressed in thick overalls, and carrying all kinds of devices, they were at the wrong house, down the street. I ran back out into the street, my arms were crossing over my head, as I waved and yelled for them to all come in this direction.

The recognition and movement was instant, it seemed like a small army coming from every direction, descending on our front door. “She’s in here”, I kept repeating and they did not pause to acknowledge, they just rushed by me. They already knew what to do, and were in her room in an instant. Steve was leaving Morgan’s room as I came in, and Wylah sat on her bed, never making a sound, just staring quietly as the men rushed into Morgan’s room.

Steve and I hung onto each other in the foyer, as we backed toward my office door. I wanted a do over, I wanted to hit a reset button. I said to myself, “This is all a bad dream, I will wake up any time now and this won’t be happening.” This was not supposed to be how it ended, not by a long-shot  I can’t remember if I said it out loud or only thought it. I wanted a do-over so I could take Morgan far, far away from all this horrible situation. I could see the EMT’s hooking up their machine to “zap” her heart…nothing happened, they tried everything, but to no avail. Morgan was already dead. I saw them lower their heads. They looked so defeated, so sad.

The first responders are now asking about Carbon Monoxide. It was so cruel to flash on memories of the Carbon Monoxide exposure Morgan suffered through years ago, how much it had hobbled her, and how she fought through it, and had completely recovered. I thought, “Could she have died from Carbon Monoxide?” We had a detector, just outside of her room, just above the countertop in the laundry room, so Steve went to check the readings. It had pegged a super high reading during the night, but the alarm never went off. We had no idea how that could have happened until sometime later, when Steve did the research into it, and found that these monitors will register a super high reading if exposed to certain gasses, like Chloroform.

Morgan lay lifeless on her bedroom floor now, the thoughts of how and why would come later, only that she was no longer with us was what mattered to us. A short while ago, without a word between us, Steve and I had come to realize that our baby girl was no longer with us. We didn’t want to believe it. The responders brought new hope with their urgency, but they were now slowing to the reality that there was nothing they could do, whispering to each other in very hushed tones. Bringing all of their devices back out to their trucks.

We were both in shock – we didn’t know what to do – Steve started making calls, just the ones he had to tell straight away (how do you tell her brother and sister, who loved her more than anything, that she was dead?), then he went to the living room and sat on the couch just staring at the wall. The rest could wait until later. I would make some calls myself, but it would not be until much later – I wanted to be alone with my thoughts for awhile.

Mothers have connections with their children, and share bonds not easily understood. Mothers were not meant to say goodbye like this to their children. Yet, I stood in the entry of our house and I stared into her room at what was only her body now. I knew that Morgan was gone, and as strange as it sounds, that in itself was a comfort to me, no one could hurt her. Later I would wonder what she had really been through and how much she had been made to suffer. I knew that for today, it would be a matter of making the magnitude of this singular event have the meaning it deserved. At this time I trusted those moving about and carrying out their tasks. Later on I came to realize that it wasn’t to be trusted. We were asked to leave our house as they had crime scene tape up and had declared this a crime scene.

Chatter about the death of Morgan Ingram was the morning news, and I am sure that those involved wanted to be sure nobody was talking about them, and interestingly enough, they had already started floating lies about that night. The facts and truth would come over the course of time, following the realization, and deduction of many, many experts.

Law enforcement, who were involved in her death scene assured us that there was no sign of forced entry (as many of you now know from other cases in the news, this does not mean an intruder was not in the house), no sign of a struggle (much later we were able to see signs of a struggle and wounds on her body, in pictures that had been kept from us), no sign of suicide, no sign of sexual assault (they never even tested for this)…and we believed them. They never took fingerprints, they didn’t collect any evidence, only items that belonged to Morgan. They said we now had to wait for the autopsy – when that was completed and the forensic pathologist could find nothing wrong with her that would cause her death, he said we had to wait for the toxicology results. They came back about 4 weeks later with no sign of alcohol, no sign of any illegal drugs and her manner of death was now called “natural.”  We asked how could that be?  Morgan was a healthy 20-year-old.

Whatever Steve and I thought at that moment on that morning, it was all about to change. In the most irrevocable and illuminating way. . .

On December 13, 2012 – We moved from that house within a month, we were in shock, the both of us not properly processing what had, and what was happening. Before we moved, every single day I would look at the front door and think Morgan would be walking through at any moment greeting our dog Tessi with, “Well, hello beautiful.” It was all too much to endure.

Over the next nine months, what was declared a mystery that day, would only become more mysterious:

  • We would discovered all of her jewelry of value was missing – gone.
  • We would discover the PJ’s she was wearing when Steve said good night to her were also missing – gone.
  • We would discover her panic button had been torn from its secure mounting spot on her nightstand, and was hidden in the corner of her room on the floor, under some clothes.
  • We would discover she died not from natural causes, with an insignificant amount of amitriptyline, as the forensic pathologist Dr. Kurtzman had told us, but from a massive dose of amitriptyline. An amount that she could not have possibly ingested herself, because a person her size would have died from only one tenth that amount, and then the levels would have stopped at that point, before the levels in her blood had reached anywhere remotely close to the amount that was in her bloodstream. So, what does that mean? That means it was most likely injected into her bloodstream – years later, in the photos we received, you can see a fresh injection mark inside her arm with what looks like teeth marks around it. The skin around the spot glowed under the UV light the sheriffs took, indicating bodily fluids, like possibly saliva. And guess what, the murder weapon, a needle was never found in her room.
  • 9 months later we would discover that there were other drugs not shown on the first tox screen, in her stomach, but not in her bloodstream, 5 in total.  The amitriptyline on the first tox was a lethal concentration – the rest were not in amounts that would have been lethal, but every one of them were listed on the lab’s Sexual Assault Panel.  So, at the time of Morgan’s murder she had an active felony stalking case being investigated by the Garfield County sheriffs, and the only things found in her body were all date rape drugs found on the Sexual Assault panel at the lab…and yet we were being told she wasn’t a homicide!
  • We would discover she had wounds consistent with defensive wounds on her body, and the coroner and pathologist would refuse to release the photographs for study by others.
  • We would discover that many, many aspects of her room were consistent with a struggle having taken place.
  • We would discover the hour that she most likely died, and why that was so important for an investigation. We would discover that her stalker told everyone he was at work when she was killed, but he had not checked into work until 2:00 am and Morgan had died before that. Remember, he job was only a 5 minute drive from our house. 
  • We would discover that the container needed to hold the date rape cocktail she had been given has never been recovered, in her room, or elsewhere.
  • We would discover her body was dressed in a different set of clothing, not what she wore home that night, and not the PJ’s she wore when she went to sleep.
  • We would discover her driver’s license was missing out of her wallet (this is sometimes a trophy that stalkers/murderers take), and her teller card had been taken out of her wallet, and was lying on the floor next to where we had put her body, while Steve had continued to do CPR.
  • We would discover that a journal of hers was missing from her room, gone.  And it was not the journal listed in evidence.
  • We would discover her upper chest was covered in a fine spray of bodily fluids, consistent with Morgan attempting to spit or sneeze out a date rape cocktail she had been forced to ingest, or the remnants of a sexual assault, as these “spots” showed up under the UV light and were bodily fluids .
  • We discovered Morgan had a red spot on her right temple (consistent with a thumb restraining her head while a hand was over her mouth), and something red (blood?), as was on her swollen lip.
  • We would discover her body had been moved postmortem and this had been a “staged crime scene.” We would discover nails on her right hand had be torn at an angle and abrasions were on that same hand…the pathologist did not take any samples for DNA under her nails, stating that no one told him to.
  • We would discover the knife Morgan asked her dad to buy for her protection the night before, was lying in her bed right next to her body, in the original box it had been purchased in.
  • We would discover that even though they said her death was a “mystery” that a majority of stalking victims in these circumstances would be raped, and when she was found her pants were unzipped & unbuttoned, but there was no rape kit administered at her autopsy. The only way to know if she had been raped, as a part of her ordeal, is forever lost because of this utter incompetence.
  • We would discover that the steel gutter directly over her window was torn into two pieces, consistent with her stalker lying on the roof and leaning over an extended period of time (her stalking lasted 4 months), to see inside her room through her upper window, and it would never be officially photographed or otherwise examined forensically.
  • We would discover that the observant neighbor, who reported her light being off and on at strange times, indicating suspicious behavior, was never interviewed as a part of the investigation.
  • We discovered no potential evidence from the death scene, save the clothes she was wearing, were ever collected. The detective said they would retain them in evidence, and then 10 months later they were destroyed.
  • And then we learned from a long time local investigator that years earlier, the pathologist that did Morgan’s autopsy had once examined a body pulled from the Roaring Fork River and declared the person died from an accidental drowning…later on the body was exhumed and a bullet was documented to have been lodged in the skull – how could he have missed that?

Morgan’s stalking ended with her death. The interviews and collection of evidence planned for her that very next week were cancelled in view of her death. The detective said, “No Morgan, no stalker to prosecute.”

The most important part of a mysterious unnatural death is the investigation that follows. The dignity and honor of the deceased rest with how thorough and complete that investigation into the death is.  Morgan deserves for her death to have an investigation, and it most certainly did not, as the blog shall shift from the stalker to the investigation of her death, and the answer of just who or how many were in her room that night. Because it is obvious that Morgan alone could not possibly have done what is documented to have happened on the 123rd day – the last day of her stalking. Please pray for justice for Morgan. Thank you.

#JusticeForMorgan!

* HAPPY NEW YEAR 2021 *

WISHING YOU ALL A VERY HAPPY & HEALTHY NEW YEAR!

As our family welcomes this new year, our intentions are focused on getting justice for our youngest daughter, Morgan. December 2021 will be the 10th anniversary of her horrific murder…it is so very unimaginable to even try to wrap my mind around that date in 2021.

We believe the things we have been waiting for to happen, in Morgan’s case, will happen in 2021 – so as we enter the new year, we believe, with all our hearts, that Morgan, and our family, will find justice.

There are many wonderful warriors in this world, those who are not willing to stand by and ignore injustice in this world – these warriors are not always out in the limelight, but work hard, behind the scenes, to right many wrongs…these are our heroes and our family thanks them for all their help!

#Justice4Morgan

Take a leap of faith and begin this wondrous new year by believing. Believe in yourself. And believe that there is a loving Source – a Sower of Dreams – just waiting to be asked to help you make your dreams come true.” Sarah Ban Breathnach

 

9 Years Ago Today…

Our dragonfly candle is burning today for Morgan (our little dragonfly baby). It has now been exactly 9 years since I woke up, on that cold Friday morning, December 2, 2011, and found Morgan’s body…there are no words I can ever use to describe what that felt like. The pain was indescribable, and still is.

This morning, Steve said to me, while choking back his tears, “They murdered our baby, then lied about it!” What can I say to him? There is nothing I can do to change what was done to her, or how officials circled the wagons, and lied in order to change the truth, to cover up a murder. It is all so very wrong, but I know life is not always fair and never has been.

So, in all these past 9 years, Steve and I have pushed forward, trying everything we could think of to have Morgan’s case investigated (her murder was NEVER investigated). We are not giving up – we are gearing up for another big push. Every year we receive more and more information and evidence, as to what happened to her, and who was involved in her murder, and the subsequent cover-up of that murder.

Today & tonight, our family will grieve over the loss of our special and much loved Morgan. I know she will be wrapping her arms around us while we cry – I only wish we could see her again, hug her again, and kiss her once more.

My heart is breaking, but I still believe in “Lady Justice” and will continue to fight, till my dying breath, to see justice served for Morgan. I am determined to see the scales of justice balanced, for Morgan, as well as all victims of stalking and murder. This determination is the biggest reason I have not curled up into a ball of grief, sadness, and suffering. Determination, against all odds, keeps me focused, and hopeful. Never give up on hope, with hope, anything is possible.

Call me a dreamer, but I still believe in miracles, truth, honesty, fairness and love, and most of all I truly believe, if you never give up the fight for justice, you can move mountains. So, wish us luck, in the next 12 months we intend to move mountains…

What Law Enforcement Should Know When Investigating A Stalking Case…

Number one – after 4 months of an active criminal investigation into the stalking, our daughter, Morgan, turns up dead, WHY, WHY, WHY did they only write third degree criminal trespass (petty offense) and harassment, and repeated communication at inconvenient hours (felony)? Why wasn’t stalking listed? Our detective told us this was a felony stalking case, when he was finally brought on.

Number twomake NO MISTAKE, as you can read for yourself, the report names Keenan Vanginkle as the main suspect, and suspect #1 as “unknown.” They knew Brooke Harris was the other suspect, but she was just under 18 at the time of the stalking, so she was redacted from the reports. So, please stop listening to anyone who tells you Brooke & Keenan were not involved in the stalking – they were!

Number three – Click on and listen to the video below…you can stop a stalker, and you can stop a murder, as per stalking expert, Mark Wynn. I believe him. Morgan did not, and should not have lost her life to her stalker…it could have been stopped! I encourage law enforcement to listen and make these important changes.

Law enforcement should:

  1. Not minimize these cases…it is tombstone mentality!
  2. Believe the victims, listen to them, treat them respectfully, and sensitively, it is the most important and the most important single intervention of most victims of crime
  3. Put the pieces together
  4. Listen to the victim
  5. Look at all of the incidents
  6. Stalking is a course of conduct and requires continual investigation
  7. Remember context is everything in a stalking case
  8. The job of law enforcement is to piece all the pieces of the puzzle together
  9. Look for who has a motive to do these acts
  10. Look for corroboration, evidence
  11. Interview the suspect – there is an offender who is after an identified victim
  12. Seek search warrants
  13. Use other investigative techniques, as those used in drug busts, saving a life is as important, if not more important than any drug bust
  14. Focus on the offender, and the victim – how easy can it get? You know who they are, and where they are going, as they stalk their victim.
  15. Develop mutual aid agreements to respond to stalking that crosses city, county and/or state lines.
    1. Stalkers have no boundaries, so we have to be on the same page, we have to communicate with each other, no reason we can’t talk across state & county lines. We can have mutual aid agreements, between police & sheriffs, from one city to one county to one state, because these offenders move through different places, as well as victims who run from state to state.
  16. Have clear policies, within your department, for responding to stalking and managing a case over time
  17. Every law enforcement agency should have a policy or protocol for stalking cases
  18. Include the victim in the safety planning
  19. Connect victims with advocates (prosecutor, neighbors, co-workers, etc., anyone who can help the victim). Don’t tell the victim to keep the fact that they are being stalked from others, as we were told by the sheriffs
  20. Enforce all orders of protection. Morgan wanted an order of protection, Detective Glassmire asked that she hold off in order to give them more time to make an arrest…that arrest did not come in time, Morgan was murdered. Law enforcement, many times, look at orders of protection as a civil matter, when in reality, they work as a trip wire when it comes to stalking cases. When an offender breaks a protection order, that is an indicator that they are thumbing their nose at the court and this offender is dangerous, so arresting the offender for breaking the order is a counter-stalking technique and should be utilized
  21. You can not minimize these cases – it is the most dangerous thing you can do in law enforcement. DO NOT give in to minimization
  22. Stalking and murder often go together
  23. Stalking is serious, pervasive and lethal

Stalking Resource Center

Morgan was stalked in Garfield, Colorado – here is how the law is listed in Colorado

This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.

Stalking

Analyzing Stalking Laws


Stalking

C.R.S. 18-3-601. [Formerly 18-9-111 (4) (a)] Legislative declaration. (2010)
(1)  The general assembly hereby finds and declares that:

 (a)  Stalking is a serious problem in this state and nationwide;

(b)  Although stalking often involves persons who have had an intimate relationship with one another, it can also involve persons who have little or no past relationship;

(c)  A stalker will often maintain strong, unshakable, and irrational emotional feelings for his or her victim, and may likewise believe that the victim either returns these feelings of affection or will do so if the stalker is persistent enough. Further, the stalker often maintains this belief, despite a trivial or nonexistent basis for it and despite rejection, lack of reciprocation, efforts to restrict or avoid the stalker, and other facts that conflict with this belief.

(d)  A stalker may also develop jealousy and animosity for persons who are in relationships with the victim, including family members, employers and co-workers, and friends, perceiving them as obstacles or as threats to the stalker’s own “relationship” with the victim;

(e)  Because stalking involves highly inappropriate intensity, persistence, and possessiveness, it entails great unpredictability and creates great stress and fear for the victim;

(f)  Stalking involves severe intrusions on the victim’s personal privacy and autonomy, with an immediate and long-lasting impact on quality of life as well as risks to security and safety of the victim and persons close to the victim, even in the absence of express threats of physical harm.

(2)  The general assembly hereby recognizes the seriousness posed by stalking and adopts the provisions of this part 6 with the goal of encouraging and authorizing effective intervention before stalking can escalate into behavior that has even more serious consequences.

C.R.S. 18-3-602.  Stalking – penalty – definitions – Vonnie’s Law. (2012)

(1) A person commits stalking if directly, or indirectly, through another person, the person knowingly:

(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or

(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or

 

(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or

 

(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

(2) For the purposes of this part 6:

(a) Conduct “in connection with” a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.

(a) Conduct “in connection with” a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.

 

(b) “Credible threat” means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person’s safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

 

(c) “Immediate family” includes the person’s spouse and the person’s parent, grandparent, sibling, or child.

 

(d) “Repeated” or “repeatedly” means on more than one occasion.

(3) A person who commits stalking:

(a) Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or

 

(b) Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.

(4) Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).

(5) If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony.

(6) Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the judicial district of the court where the proceedings are to be heard and the district attorney for the judicial district in which the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.

(7) A peace officer shall have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating the report.

(8)

(a) When a person is arrested for an alleged violation of this section, the fixing of bail for the crime of stalking shall be done in accordance with section 16-4-103 (2) (d), C.R.S., and a protection order shall issue in accordance with section 18-1-1001(5).

(b) This subsection (8) shall be known and may be cited as “Vonnie’s law.”

(9) When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5, or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently.