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No identification or forensic proof may signal a viable defense

Both eyewitness identification and forensic evidence can go a long way in supporting the prosecution of an accused criminal wrongdoer under the Colorado criminal laws. When such evidence does not exist, and if there is not a valid confession, the defendant may have a viable defense to the charges. Recently, a 46-year-old man was arrested by the Colorado Springs Police for allegedly stabbing another male near the Dorchester Park section of the city.

Authorities arrested the man for first-degree assault. However, it is uncertain whether the victim of the stabbing identified the accused as the perpetrator. Colorado fugitive recovery agents picked him up near the crime location when they were looking for someone else. It turned out that the accused was himself allegedly a fugitive on a failure to appear warrant for fighting in public and possessing marijuana in a detention facility.

Prior stabbings have occurred in the Dorchester Park section. At this point, there is no reason or information to believe that the accused was involved in any prior stabbings. In addition, the news reports and police statements to the public do not indicate that a weapon was found on the accused man. The victim was reported in stable condition in a hospital.

If the victim cannot identify the accused or is uncertain of an identification, then the defendant could have a viable defense to the assault charge. The circumstances of being picked up by fugitive officers who were looking for someone else does not necessarily provide any support to the alleged guilt of this individual. Without more, there could be an insufficiency of evidence for the prosecution to build a case under Colorado law, and the district attorney in such a case would likely decide to dismiss the prosecution. It must be cautioned, however, that at this point the full extent of the facts and the evidence is unknown.

Source: gazette.com, "Colorado Springs police make arrest in Dorchester Park stabbing", Kaitlin Durbin, April 12, 2017

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