Jerry Garcia's family is fighting to get him out. They say the punishment was too harsh for the misdemeanor crime he committed.
The Jefferson County's District Attorney does not object to his release. However, the judge is adamantly against it.
No one is denying that Garcia, 61, has a long criminal history. His family says he's battled alcoholism for decades. What they do dispute is the judge's view that Garcia is still a threat.
Doctors say he is in the final stages of cirrhosis of the liver and only has a few months left to live.
In May, Garcia was sentenced to two years in jail for misdemeanor assault. He pleaded guilty to hitting his former girlfriend with his cane.
Two years is the maximum sentence. The judge says he handed down that sentence because when Garcia was arrested, he told police "next time I'll kill her and my family is going to take care of that b****."
Garcia's family says he is not dangerous. They say he's frail and it was the alcohol talking.
His son, Jessie Garcia, who has been with the Denver Sheriff's Department for almost 20 years, testified at a hearing to reconsider Garcia's sentence on Aug. 23.
"There's absolutely no validity to the drunk words, if that's what the court is concerned about," Jessie said.
Doctors say his condition continues to worsen. They recommend home detention.
Garcia's daughter told the court she's willing to let him live his last few months with her.
The judge denied that because of the drunk threat Garcia made. He said the risk to community safety is high.
Court transcripts show a bit of an outburst from the family in the courtroom after the judge denied the motion to release Garcia.
The District Attorney's office says they have no problem with his release to serve out the rest of his sentence at home. That way he can get the medical care he needs and it won't be on the taxpayer's dime.
Garcia's family has taken their plea to Rep. Mike Coffman. His office says they passed letters from the family to Governor Hickenlooper's office.
Click here to read the motion to reconsider sentence.
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