In Parker, Colorado in July of 2009, an unknown man entered the bedroom window of an eight year-old girl and fondled her while she slept. A few days later, police arrested nineteen year-old Tyler Sanchez who was driving in an area nearby that had recently been plagued by a series of burglaries. Police decided to charge him with Sexual Assault on a Child and Unlawful Sexual Contact. He was held on a $1 million bond.

They arrested the wrong person. Instead of the 180lb, dark haired man the girl described as being responsible for the assault, they took into custody a 130lb, red headed boy: who is developmentally disabled. He was in custody for 36 hours, and for seventeen of those hours he was interrogated by efficient and intimidating police officers who wrote his “confession” of the alleged assault that he then signed. Psychological evaluations later showed that Tyler Sanchez was not capable of understanding his Miranda rights and did not know he could be silent when questioned by police officers.

While he waited through litigation, Tyler Sanchez was not allowed to be within the city limits of Parker, because the victim lived there. He could not be around a minor, even though he was only nineteen himself, and had to miss his eighteen year-old girlfriend's prom. He was also required to wear a GPS bracelet around his ankle which cost his family over $350 a month. These limitations were enforced for three years as the police continued to investigate the case.

The police continued their investigation but would not drop the charges. The district attorney continued to prosecute even though a psychological evaluation deemed Tyler Sanchez as mentally disabled and not able to understand his rights. DNA tests also proved that he was not involved.

This case is a good illustration of jurisdictions like Denver, Jefferson, Arapahoe, Adams, Douglas, Larimer, and Weld County in Colorado have gone too far in prosecuting sex offenders that are accused of committing crimes like Unlawful Sexual Contact (CRS 18-3-404), Internet Luring of a Child (CRS 18-3-306), or Incest (CRS 18-6-302). Police in cities like Denver, Englewood, Aurora, Arvada, Littleton, Highlands Ranch, Castle Rock, Westminster, and all across the Front Range are willing to arrest anyone and force them through a long process in the justice system, even with little evidence. Never trust your case to the police alone. Tyler was not in a mental state to understand what was going on, and because of this, he was taken advantage of. Never believe you might be able to talk your way out of false charges. Police are not always looking for the truth.

If you are facing sex crime charges in Colorado, be smart, exercise your right to remain silent, and call the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.