Craig Daily Press / Arrest made in assault of elderly couple

Archive for Tuesday, September 1, 2009

James Lee, 31, in custody at Moffat County Jail

September 1, 2009

James Lee

Craig Police Department officers arrested a local man at about 2 a.m. Sunday after he reportedly assaulted an elderly couple at their home in the 400 block of West Sixth Street.

James Lee, 31, of Craig, was booked into Moffat County Jail on suspicion of first-degree burglary, criminal mischief, first-degree assault, second-degree assault and crimes against at-risk adults.

An arrest affidavit in the case states police officers responded to the home of a 65-year-old female and 70-year-old male Sunday morning after the woman called dispatch and reported a stranger was assaulting her husband.

Four police officers responded to the scene, according to the affidavit, where they saw Lee standing outside as the woman screamed to police he was the man who assaulted her husband.

Upon questioning, the affidavit states Lee told police a local real estate agent invited him to the home for a party.

Lee then pointed to a "for sale" sign in the home's front yard with the real estate agent's picture on it, according to the affidavit.

The woman told police she heard Lee ringing her doorbell after she got up late to get a drink, the affidavit states.

When she opened a front window to ask Lee what he wanted, he cussed at her and said she was in his house, and he demanded to be let inside.

The woman went to call the police, and then her husband came to the front window to see what was happening.

According to the affidavit, the woman told police Lee then punched her husband in the face through the window screen, tore the rest of the screen out of the window and began to beat her husband in the face and body as Lee tried to pull the man outside.

The woman said she went to her bedroom to get a walking stick to defend her husband, but Lee took the stick away from her and used it to continue beating her husband, according to the affidavit.

It was at that point police arrived and the incident stopped, the affidavit states.

The 70-year-old man was taken to The Memorial Hospital where he received stitches on his head, according to the affidavit.

A doctor also signed a statement reporting that his injuries pose a "substantial risk of death" because of a laceration to the man's scalp and a large bruise to his right eye.

The affidavit states police collected the couple's walking stick, as well as bloody clothing Lee wore that night, as evidence in the case.

There is no mention in the affidavit of drugs or alcohol being involved in the incident.

The 14th Judicial District Attorney's Office had not filed formal charges as of Monday evening.

Lee is in custody at Moffat County Jail, where he is being held on a $50,000 bond. His next court appearance is scheduled for 8:30 a.m. Sept. 8 in Moffat County Court.

1 September 2009 at 12:20 a.m.

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lovely80477 (Anonymous) says…

Hang that SOB by his testicles!!! No use for anyone who abuses the elderly, children or animals!

1 September 2009 at 6:43 a.m.

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grannyrett (Anonymous) says…

Ditto!!!!!

1 September 2009 at 8:24 a.m.

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lawmaker (Anonymous) says…

takes a real tough boy,,,and i mean ,,, BOY,,,to assault these fine people

1 September 2009 at 1:30 p.m.

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vic (Anonymous) says…

.And the 2nd crime committed here is that Judge Sandra Garner set bond for this lunatic at $50K instead of the $250K the DA argued for. Apparently Judge Garner recently attended a “class” focusing on criminals being innocent until proven guilty (they have a class for that?). This guy was caught still on the property, with the victim's blood on his clothing, the stick he used to beat the victim and positively identified by the couple that was attacked. - how much more guilty can you get? This guy was just arrested a couple weeks ago for a bar fight and let go. This was a violent, unprovoked attack on two very nice people. Tell me where is the justice for them. Now they have to live in fear of this crazy getting out of jail and coming back with a vengeance.

While I credit the PD for getting to the scene quickly, they are unable to actually protect our community. By the time they get the call and drive to the scene, the crime is already committed, the damage is already done. From there, it lies in the incapable hands of our Judicial system. It is their job to keep these crazies off the streets so they are unable to commit further crime. I am wondering if this attack had been on Judge Garner or a member of her family if she would have been so lenient when setting bond. I shudder to think what the outcome will be…the typical slap on the wrist and a hefty fine? I hope everyone remembers the name of this Judge and vote do not retain the next time she comes up. She is clearly not on the side of the people and appears to have a soft spot for criminals.

1 September 2009 at 4:53 p.m.

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Isis (Anonymous) says…

VIC - I could not agree more. The judge owes these folks protection & justice. An apology to the entire community should be sincerely given.

Judge Garner - shame on you!

lawmaker - Please don't insult boys. This piece of scum does not live up to the standard of the term “boy.”

To the Dear Folks this happened to; I will keep you in my prayers and wish health and serenity to you.

To the scum who did this; you won't be forgiven! What a coward you are!

1 September 2009 at 7:12 p.m.

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als362 (Anonymous) says…

Draging by a rope behind a pickup is too good for this guy!

1 September 2009 at 9:24 p.m.

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lonelyone (Anonymous) says…

Seems to me that he's a bit nuts. No drugs or booze were thought to be involved, but anyone who tells an elderly woman in the middle of the night that she's in his house and needs to leave and then points to a real estate sign and says the agent invited him to a party at that house needs to work on his story!!

1 September 2009 at 10:05 p.m.

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amystorm63 (Anonymous) says…

I hope no one ever has to go through this again. Lock this guy up and throw away the key. Elderly people should not ever have to be afraid to be in own homes. Our community is known as a safe small town and what is going on when this kind of thing happens. People need to see this for what is truly is. Justice at is worst. I appauld the police for getting there so fast if not nothing would have stopped this guy from finishing what he started. Our town should support these people and see this through or we are all going to be afraid to sleep at night. I for one intend on attending court on September 8th at 8:30 for this guy to make sure I see the outcome of what this court does.

2 September 2009 at 6:38 a.m.

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Lynn (Anonymous) says…

As I understand it, the law does not require him to take a drug or alcohol test. So how would we know if drugs and alchol were involved? Did he refuse to take the test? This law should be changed too. Hopefully mommy won't post bail again like she did two weeks ago for him.
I am praying heavily for healing(emotionally and physically).

2 September 2009 at 5:26 p.m.

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NiBbLi3WiBbLi3 (Anonymous) says…

The crazy thing is those are my grandparents i found out the morning after it happened. my grandpa just got back from the hospital and they called us. we were just freaking out i dont see wat kind of person does that to old people it just messed up!!!

2 September 2009 at 9:22 p.m.

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vic (Anonymous) says…

I am deeply saddened this happened to your Grandparents - they are very kind people. This was a heinous and uncalled for crime. I certainly hope our Judicial system will work as it is supposed to and justice will prevail.

2 September 2009 at 9:44 p.m.

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dentedfender (Anonymous) says…

Vic,
Our Judicial system has already failed the people of Craig and Moffat county. We should be protesting on the Courthouse lawn over this. How can Judge Garner justify her actions on this case. She should be ashamed and I would hope that she would be ashamed to show her face in public. Watch out everyone here comes the slap on the back of the hand and a “I know you didn't mean it, so I will give you a suspended sentence.”

2 September 2009 at 10:37 p.m.

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lawmaker (Anonymous) says…

the courts also are all one sided,,i sat in on jury selection last week,,,more than half of the people setting in the jury box was related to law enforcement or was good ol buddys with them,,they were allowed to be selected as the jurors,,,,???????

3 September 2009 at 7:30 a.m.

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vic (Anonymous) says…

Well then perhaps we DO need to protest on the Courthouse lawn. To have a Judge show this level of leniency on such a violent, crazed man committing such a violent, unprovoked assault on two retirees is beyond my comprehension. I don't know if this guy has a drug problem, mental problem, anger issues or all the above, but I am pretty darn certain something will set him off to commit a similar crime again. He needs to be locked up for the safety of our community and certainly for the safety and mental well being of the couple he attacked.

So:I still don't get it. It makes no sense to set this low of a bond for this level of crime. Is the Judge friends with this guy's mommy? To me, something smells fishy because no real Judge, in their right mind would take such a crime so lightly.

Pack the courtroom on September 8th at 8:30 am. No way should we allow this lunatic and our System to fail this kind couple.

3 September 2009 at 9:38 a.m.

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daybyday (Anonymous) says…

I don't understand either, and don't understand what the bond amount has to do with being innocent until proven guilty. The amount of bond is supposed to be determined based on flight risk and risk the accused and poses to the community. How much more does a person have to do to prove they are a risk to the community. It just makes me sick.

3 September 2009 at 11:54 p.m.

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concernedcitizen1 (Anonymous) says…

This is an outrage! You would think you could live in Craig Colorado and feel safe in your own home. This couple did nothing to deserve the violent attack they received early Sunday morning. They are upstanding citizens and have spent so much of their time taking care of elderly in Craig and contributing to society in a positive way. What is going on with this Judge Garner? Why is she protecting this criminal? Just 2 weeks ago there was a bar fight and this guy beat up his “friend” and judge Garner dropped the charges. As an elected official, she is supposed to protect all citizens, especially the elderly and children.This guy is a coward and should not be allowed be out in society as he is a menace and threat to everyone. He is sooooooooo tough he beat up a couple that is twice his age. If he treats his “friends” this way, how is he going to treat someone he doesn't even know like the general public. Wake up Judge Garner. You are a servant of the public, and should start acting in the public's best interest, not the interest of oil companies that are making billions on our natural resources. This loser is the puss that feeds on the pond scum.

4 September 2009 at 12:21 p.m.

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Isis (Anonymous) says…

All,

If possible, please show up in court on Tuesday @ 8:30. This judge needs to see our faces. She needs to see that she has an obligation to protect each and every one of us.

4 September 2009 at 1:45 p.m.

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Isis (Anonymous) says…

You know folks, I've had a second thought. We can share our thoughts here, we have done that. However, there are many people (especially older) who do not own a computer. I think letters to the editor are a better way to show our support for this couple and the community.

4 September 2009 at 2 p.m.

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concernedcitizen1 (Anonymous) says…

Yes I agree with Isis.We need to come togther on Tuesday. I pray for the Couple and the community to be protected. May God bless all of us.

5 September 2009 at 8:31 a.m.

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jay (Anonymous) says…

It is my understanding this man is from Maine and working on a construction job here. I understand he has been fired because of this incident. His family has supposedly hired him a very good lawyer who is asking for a bond reduction Tuesday. If he is let out he will most certainly run. He has no job, no family, no reason to stay here. No justice will be served here. He'll leave our community and move on to another town where I'm sure his pattern will be repeated. He needs to stay in Jail!!!

5 September 2009 at 9:30 a.m.

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concernedcitizen1 (Anonymous) says…

Thank you Jay.Good to know. He needs to stay in jail.

5 September 2009 at 10:45 a.m.

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Isis (Anonymous) says…

I need to correct my earlier posting. What I meant to say was;

Please show up in court AND keep this very public by writing letters to the editor.

I feel we can not allow this event to fade into the background. Craig will lose the charm of a safe community if we fail to do something. It is obvious to me that the judge can not see this without our help.

5 September 2009 at 9:02 p.m.

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vic (Anonymous) says…

Some court info for Tuesday, Sept 8th:

If he bonds out of jail, the hearing will be at 8:30 am

If he does NOT bond out of jail, the hearing will be at 11:00 am

You can call the jail Sunday to see if he bonded out. (970) 824-4495

I hope enough people will show up to the hearing to show the Judge we are watching after our community.

5 September 2009 at 9:59 p.m.

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Lynn (Anonymous) says…

Thanks Vic, for the clarification.

I hope many show up as well.

Hopefully the word will get around the community even
if some are unable to follow these posts.

5 September 2009 at 10:11 p.m.

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wazzaa (Anonymous) says…

This man is white trash he hurts old people i mean come on really?? Really???!?!?!?!?!?!?!?!?!
This upsets me deeply i hope he goes to jail for life i hope he gets his beating in prison *if you know what i mean*.
He can rot in hell for all i care.

6 September 2009 at 6:36 a.m.

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Isis (Anonymous) says…

Thank you for the information vic. Will the first one of us that know the time please post?

6 September 2009 at 11:30 a.m.

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lawmaker (Anonymous) says…

i know i will be there,,,anybody and eveybody should attend this hearing,,,,,,what a low life