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April 15, 2017, 11:10 pm, Sat Apr 15 23:10:30 UTC 2017 #1Member
- Join Date
- Nov 2009
IDI investigator, John San Agustin, indicted for kidnapping. Oh, the irony!
Former El Paso County Sheriff Terry Maketa, and former Undersheriff Paula Presley were indicted on nine counts, including allegations of extortion, official misconduct, witness tampering, kidnapping and false imprisonment. Former Cmdr. Juan San Agustin faces one count of second-degree kidnapping and one count of false imprisonment.
The charges of witness tampering, kidnapping and false imprisonment allege Former El Paso County Sheriff Terry Maketa talked to a woman, who was a civilian employee working for a health contractor at the El Paso County jail, after her boyfriend, a deputy, had been arrested and fired for beating her.
Maketa told the woman to recant her statement and “tell investigators that she instigated the incident in order to allow (the deputy) to get his job back,” When the woman recanted her statement, she told deputies she was doing so to follow the sheriff’s orders. The woman was arrested unlawfully and spent more than 24 hours in custody before being released on bail, the indictment said.
Agustin appears in Count's 5 and 6 of the indictment
(Second Degree Kidnapping - Class 4 Felony)
That between and including September 12, 2013, and September 13, 2013, in the County of El Paso, State of Colorado, Terry Maketa, Paula Presley, and Juan San Agustin unlawfully, feloniously, and knowingly seized and carried Kelly Trull from one place to another without the consent of the victim and without lawful justification; in violation of section 18-3-302(1), C.R.S.
(False Imprisonment - Class 5 Felony)
That between and including September 12,2013, and September 13,2013, in the County of El Paso, State of Colorado, Terry Maketa, Paula Presley, and Juan San Agustin unlawfully, feloniously, and knowingly confined or detained Kelly Trull without the victim's consent and without proper legal authority. Further, the defendant used force or threat of force to confine or detain the victim and the defendant confined or detained the victim for twelve hours or more; in violation of section 18-3-303(1),(2), C.R.S.
The offenses alleged in Counts Three, Four, Five, and Six were committed in the following manner:
On August 12, 2013, El Paso County Sheriff’s Office deputy, Travis Garretson, and his girlfriend, Kelly Trull (at the time' a civilian employee working for Correctional Healthcare Companies at the El Paso County jail, were involved in a domestic disturbance resulting in injuries to Kelly Trull to include a swollen face and bruising on her arm. The incident was reported the following day, August 13, 2013, to El Paso County Sheriffs employees, ultimately leading to the arrest of Deputy Travis Garretson for assault. Kelly Trull was interviewed about the incident on this date by Detective Lisa Kaiser who found Trull truthful and sincere in her description of the incident and that Trull’s injuries were consistent with that description.
The investigation revealed that Travis Garretson punched, pushed, and shoved Kelly Trull during the incident, at one point causing Trull to see stars.
Travis Garretson had a pre-existing relationship with Sheriff Maketa and following his arrest began talking to him about how he could keep his job as he had been suspended and ultimately terminated following his arrest On September 11, 2013, while on the phone with Sheriff Maketa, Deputy Garretson handed his Trull his phone. Sheriff Maketa told Trull that she needed to come in to the Sheriff’s Office and do another interview and tell investigators that she instigated the incident in order to allow Garretson to get his job back.
Sheriff Maketa indicated Trull would not be in trouble for this and would not be arrested. Sheriff Maketa further told Trull that someone would call her in a few minutes with further instructions. A few minutes later Undersheriff Presley called and spoke with Kelly Trull directing her to report to the Sheriff’s Office after Travis Garretson’s court appearance the next day, to tell investigators that she instigated the incident and was the aggressor, that Ms. Habert, her boss and friend, coerced her to lie during the first interview, and that she would not be arrested as a result of the new interview. Undersheriff Presley warned her not to tell anyone about their conversation.
On September 12, 2013, Kelly Trull reported to the El Paso County Sheriff’s Office following Travis Garretson’s appearance in court and followed the instructions of Sheriff Maketa and Undersheriff Presley by recanting her previous interview and claiming to be the aggressor of the incident. Trull subsequently indicated that she followed the orders of Sheriff Maketa and Undersheriff Presley because they told her to do so. Moreover, Trull stated she was attempting to help her still-boyfriend Deputy Garretson by consenting to this second interview. This interview was recorded and observed by various commanders of the El Paso County Sheriff’s Office. At the conclusion of that interview, Trull was arrested for the crimes of domestic violence Harassment, and Driving Under the Influence for her actions on August 12, 2013. Trull was booked into the El Paso County jail and ultimately transported to the Douglas County jail as a result of her employment in the former facility spent in excess of twenty-four hours in custody prior to bonding out as indicated by jail booking logs Trull’s case was ultimately dismissed by the 4th Judicial District Attorney’s Office.
When Travis Garretson was informed of Trull’s arrest via text message, he called and spoke with Sheriff Maketa and Undersheriff Presley. Both the Sheriff and Undersheriff were aware of the arrest and charges of Trull and indicated that this could help out with his own case.
Detective Lisa Kaiser, the interviewing and arresting officer, did not believe she had probable cause to arrest for either crime, but arrested Trull because the order came from her superiors. Sergeant Robert Jaworski, Detective Kaiser’s immediate supervisor, testified that Inspector Juan San Agustin and Bureau Chief A1 Harmon ordered the arrest of Trull. Sergeant Jaworski also believed that no probable cause existed to arrest Trull.
Sergeant Jaworski further advised that he was required to go through Inspector San Agustin for any investigative decisions during this timeframe and that Sheriff Maketa and Undersheriff Presley would use Inspector San Agustin to communicate their orders. Bureau Chief A1 Harmon also indicated that around this time Sheriff Maketa and Undersheriff Presley would often direct specific steps in investigations and that they would routinely bypass him to go directly to Inspector San Agustin and vice versa as Inspector San Agustin had a close relationship with the Sheriff. Bureau Chief Harmon also indicated that the arrest of Trull was not lawful as there was no blood or breath testing completed or independent evidence of the crime. Bureau Chief Hannon denied giving any such order to arrest. However, both Sergeant Jaworski and Bureau Chief Hannon felt in fear of losing their jobs were they not to follow orders.