In June, I reported on the conviction of former Colorado police officer James Adam Ashby. Ashby was found guilty for killing 27-year old Jack Jacquez in October 2014. Ashby’s sentencing was scheduled for September 23, 2016. There was a delay in sentencing. Ashby’s attorneys tried to have the conviction overturned, claiming there was insufficient evidence to convict, errors by the court during the proceedings, and several instances of juror misconduct. The Colorado Judicial Department says the motion for a retrial was denied by a judge on October 20, 2016.
The second-degree murder conviction meant that Ashby could be sentenced up to 48 years in prison.
Today, Otero County District Court Judge Mark MacDonnell sentenced 32-year old Ashby to 16 years in prison; a $10K fine, and 5 years of parole upon his release.
An autopsy concluded that Jack Jacquez died from a single gunshot to the back that struck his spinal cord and pierced his heart and a lung. Jack was in his home, which he shared with his mother who was home at the time. Ashby had no reason to enter the house and said that he feared for his life because Jack was holding a baseball bat. At trial, prosecutors argued that even if Jack was holding a baseball bat, that Ashby’s shooting him in the back evidenced that Ashby was not in fear for his life.