Colorado DA Defends Dropped Felony Charge Against Money Manager in Hit-and-Run
A Colorado prosecutor is defending his decision to drop a felony charge against a Denver money manager accused of driving his Mercedes into a bicycle-riding transplant surgeon and then fleeing the scene.
District Attorney Mark Hurlbert told the Vail Daily last week that a felony charge could affect the suspect’s job, and that in turn could affect his ability to pay restitution. The defendant, Martin Joel Erzinger, is a financial adviser with Morgan Stanley Smith Barney in Denver. He now faces two misdemeanor charges in the accident that caused spinal cord injuries and disabling headaches for the New York doctor, Steven Milo.
“Justice in this case includes restitution and the ability to pay it,” Hurlbert told the Vail Daily. “Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it.” He added that “the misdemeanor charges really are what he did.”
Cycling advocates have decried Hurlbert’s decision, according to the Green blog of the New York Times. Now Hurlbert is telling ABC News and the Huffington Post that his decision to drop the felony charge was not based on Erzinger’s wealth or occupation. Instead, Hurlbert said, he offered a misdemeanor plea bargain because it is more of a sure thing and has the potential for two years of jail time. The felony option, Hurlbert said, would have deferred judgment and the charge would have been dropped after a few years of good behavior.
“This is the right plea bargain given the facts of the case, the defendant’s prior criminal history and his willingness to take responsibility,” Hurlbert told the Huffington Post. “We feel this is far more punitive than the felony deferred.” He added that the ability to pay restitution was a factor in his decision, but not a significant one.
