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Date: 03-18-2022

Case Style:

State of Colorado v. Robert Fergus-Jean

Case Number:

Judge: Paul R. Dunkelman

Court: 5th Judicial District, Summit County, Colorado

Plaintiff's Attorney: Deputy District Attorney Amy Padden and Johnny Lombardi

Defendant's Attorney: Jeff Pagliuca

Description: Breckenridge, Colorado criminal defense lawyer represented defendant charged with first-degree attempted murder, first-degee assault.

Robert Fergus_Jean was charged with first-degree attempted murder for firing six shots at his roommate and friend Stephen Darley through Darley's bedroom door in Vail.

Defendant claimed self defense.

Colorado Revised Statutes Title 18 Section 18-03-102 provides:

(1) A person commits the crime of murder in the first degree if:

(a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person;  or

(b) Acting either alone or with one or more persons, he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402 , sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403 as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405(2) , or the crime of escape as provided in section 18-8-208 , and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by anyone;  or

(c) By perjury or subornation of perjury he procures the conviction and execution of any innocent person;  or

(d) Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another;  or

(e) He or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of eighteen years on school grounds as provided in section 18-18-407(2) , and the death of such person is caused by the use of such controlled substance;  or

(f) The person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the victim.

(2) It is an affirmative defense to a charge of violating subsection (1)(b) of this section that the defendant:

(a) Was not the only participant in the underlying crime;  and

(b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof;  and

(c) Was not armed with a deadly weapon;  and

(d) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article, or substance;  and

(e) Did not engage himself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury;  and

(f) Endeavored to disengage himself from the commission of the underlying crime or flight therefrom immediately upon having reasonable grounds to believe that another participant is armed with a deadly weapon, instrument, article, or substance, or intended to engage in conduct likely to result in death or serious bodily injury.

(3) Murder in the first degree is a class 1 felony.

(4) The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for the crime of murder in the first degree as described in paragraph (f) of subsection (1) of this section.

Outcome: The Jury found him not guilty of attempted murder but did find him guilty of lesser included offense.

Plaintiff's Experts:

Defendant's Experts:


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