IDAHO SPRINGS, Colo. — The guilty plea entered last month by a former Idaho Springs police officer will stand after a Clear Creek County judge on Thursday denied a last-minute request from the defense team for a special prosecutor to take over the case.
Judge Cynthia Jones heard arguments related to a request for a special prosecutor to oversee the case against Nicholas Hanning, who was charged with assault after tasing a 75-year-old man last May.
The judge in December conditionally approved the plea deal for Hanning, who now faces six to 24 months in jail.
He pleaded guilty to a single misdemeanor count of third-degree assault. The charge stemmed from an incident on May 30, when Hanning tased Michael Clark while responding to an assault report made by Clark's neighbor.
>The video above aired on the day of the plea deal.
Hanning's plea was accepted "conditionally" by the court in December due to the motion filed on the day of the hearing by attorneys for Clark. It will now stand, with sentencing set for Jan. 27.
Sarah Schielke, an attorney for Clark, filed a motion asking the judge to reject the plea deal, remove the 5th Judicial District Attorney’s Office from the case and appoint a special prosecutor to take over.
At the December hearing, Jones said she had not seen the motion and could not make a ruling, and set Thursday's hearing to hear arguments.
Schielke said in December there was a "dereliction of duty" on the part of the prosecutor's office, and that there was "special treatment" of Hanning from beginning to end due to his position as a member of law enforcement.
During Thursday's hearing, she argued that prosecutors inexplicably removed an at-risk designation for Clark as the victim, even though he qualifies due to his age. She also argued that prosecutors undercharged Hanning, who in her opinion should have faced felony charges for causing serious injuries to Clark.
Prosecutors denied there was any special treatment, and said the deal was offered based on Hanning's lack of criminal history and his willingness to take responsibility.
On Thursday, prosecutors said Clark had no standing under state law to request a special prosecutor. They also argued that while Clark and his attorneys may not like or agree with decisions made by the prosecution, that's "not a reason" for disqualification.
Jones ultimately sided with prosecutors and ruled that there is no standing and that under current state law the appearance of impropriety does not allow for the appointment of a special prosecutor, "even though we may not agree with it."
Clark's family released the following statement after the hearing.
Our family is disgusted by everything that has transpired since May 30th. Our dad is still hospitalized because of what this officer did. He is a victim. He’s supposed to have rights as a victim. Instead, Clear Creek County, both DA and judge, victimize him further.
Today was a further demonstration of how the system is broken and corrupt. A legal system that allows a prosecutor and defendant to continue to victimize an innocent victim and then say they have no standing to speak up is a very broken system, it is time for change.
We will continue to push for changes and to attempt to fix parts that are broken. What happened to our father will not be in vain, it will not be forgotten, and it will bring change!
The initial call
On May 30, according to prosecutors, Hanning and another officer named Ellie Summers were responding to a call regarding an alleged assault on a woman by her neighbor in the middle of the night.
When officers contacted the neighbor, who was later identified as Clark, he was holding a “sword-like weapon with what appeared to be teeth along both edges,” according to a news release from the district attorney’s office. Idaho Springs Police gave a similar description.
RELATED: 'They need to be seen to be believed': Body camera footage shows tasing of elderly Idaho Springs man
Hanning and Clark got into a fight, the release said, and he deployed his stun gun after he and other officers gave multiple commands.
Schielke obtained and released body camera footage that she said paints a very different account of what happened.
> The video below shows video from Summers' body camera. Viewer discretion is advised.
The footage shows the officers banging on Clark's door before he opens it and yells, "what do you want?"
There's quickly a physical confrontation, with the officers yelling at Clark to "put it down."
In the video, Clark turns and sets something on top of a nearby dresser, and then turns back toward officers without anything in his hands.
The officers ordered him to get to the ground, but he refused, and instead began to explain that his neighbors hit the wall so hard, he thought they were going to come through it. Seconds later, the video shows Clark being tased while the officers are several feet away.
Clark lost consciousness and flew backward from the tasing, the video shows. His attorney said he struck his head on a dining room chair on the way down.
Clark was ultimately hospitalized with heart complications, and had a stroke within days of the incident, according to Schielke.
He was never charged with any crime.
POST decertification
Anyone who works in law enforcement in Colorado must be certified by Colorado Peace Officer Standards & Training (POST). According to the Colorado Attorney General's office, the Idaho Springs Police Department notified POST of its internal investigation involving Hanning in July.
On Oct. 20, Hanning voluntarily relinquished his POST certification. That was accepted during a meeting on Dec. 3. The decertification means he cannot serve as a peace officer in Colorado ever again.
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