Morgan County case overturned on prosecutor’s improper commenting on defendant’s right to silence
By Michael Karlik | Colorado Politics
A Morgan County prosecutor undermined the fairness of a defendant's trial by making improper comments about his decision to invoke his constitutional right to silence, Colorado's second-highest court ruled last week.
The prosecution charged Ronald Wayne Gentry with felony menacing after he allegedly put a bullet in the chamber of a gun and pointed it at a neighbor who was feuding with Gentry's mother. Jurors considered whether Gentry acted in self-defense, but convicted him. He received a sentence of probation, jail and community service.
Jurors heard Gentry had received a Miranda warning but then agreed to speak with a sheriff's deputy. She told Gentry there were multiple eyewitnesses saying they saw Gentry point a gun, at which point Gentry ...