A Teller County judge denied a motion to suppress evidence and observations obtained after an “illegal” attempted investigatory traffic stop involving a Cotopaxi man who allegedly shot at law enforcement officers from three different counties.
Chancey Colwell, 36, of Cotopaxi, is being held on a $1 million bond after reportedly shooting at a Cañon City police officer and deputies from other jurisdictions during a pursuit Nov. 21 that ended in Teller County.
Teller County Sheriff's Office
Chancey ColwellDuring a motions hearing Monday, Cañon City Police Sgt. John Sabatino said officers were made aware that an arrest warrant for Colwell had been obtained by the department and they should be on the lookout for two vehicles that he likely would be in, a Subaru or a Chrysler 300. The advisory said Colwell also possibly would be in possession of two firearms.
According to an affidavit, the warrant stems from Colwell allegedly firing two shots at his brother, Christopher Colwell, on Oct. 23 in the south alley of the 800 block of Rudd Ave.
“I talked about that with my shift to make them aware of the situation so we could keep an eye out for those vehicles throughout the night,” Sabatino said.
While on routine patrol at about 9:25 p.m. Nov. 21, Sabatino observed a Chrysler 300 pulling up to a gas pump at Kountry Korner, located at Central Avenue and 15th Street.
Sabatino tried to read the license plate while driving by and turned around twice to double-check the number, but the vehicle had left the station.
“I could see it ahead of me, traveling eastbound on Central Avenue, and it looked like it was traveling quite a bit faster than the posted 30-mile-an-hour speed limit,” he said. “I caught up to the vehicle at Orchard Avenue and Central Avenue.”
After observing the vehicle make a turn without signaling, Sabatino activated lights and sirens and followed the vehicle through the neighborhood reaching speeds up to about 50 mph.
“At this point, it was obvious to me that this vehicle was attempting to flee from me and not stop for the traffic violations,” Sabatino said.
The vehicle continued several blocks without using a turn signal and running stop signs.
Sabatino pursued the vehicle to Skagway Reservoir in Teller County.
“We turned onto Highway 67 in Teller Count and we got to about mile marker 51 – I actually observed a hand come out of the driver’s side window holding a firearm,” he said. “He held it long enough to have it pointed back at me and fired one round off toward my patrol vehicle. I was roughly one car length to maybe two car lengths behind him at that point. I saw the muzzle flash and I heard the sound of a gun being fired and his hand went back inside the window.”
‘I was in fear of my life’: Teller County Sheriff’s deputy describes pursuit of suspect
Once they reached Skagway Reservoir, the driver, later officially identified as Colwell, abandoned the vehicle and fled on foot.
“It’s the defense’s position that there was no reasonable suspicion for Sgt. Sabatino to attempt to pull over the green Chrysler 300,” said Jeremy Wooten, Colwell’s defense attorney. “…This is what led to Mr. Colwell’s arrest, this is what precipitated the SWAT team from Teller County to surround Mr. Colwell and ultimately detain him at Skagway Reservior. Mr. Colwell still has standing to raise this issue of reasonable suspicion because it is what led to all of the evidence in this case.”
Deputy District Attorney Robert Willett argued that once Sabatino saw the vehicle make a traffic violation, there was reasonable suspicion to contact the driver whether it was Colwell or someone else.
“There was a known warrant out for Mr. Colwell, who is believed to drive a Chrysler 300. Sgt. Sabatino had seen a green Chrysler out of the corner of his eye, he had a reasonable suspicion to turn around and check out that vehicle,” Judge Scott Sells said. “That’s what police officers should do if there is a warrant for someone’s arrest and they know the description of the vehicle.”
Sells also found that there was no seizure during this part of the case.
Colwell was apprehended the next day near a vacant cabin. He is facing several charges, including three charges of first-degree attempted murder of a police officer and three counts of first-degree assault.
His trial is slated to begin May 11.
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