Lisl Auman

People

• Lisl Auman (defendant)

Other people named

• Bruce VanderJagt (Denver police officer; victim)
• Anna VanderJagt (widow of Bruce VanderJagt)
• Tim Twining (Denver Deputy District Attorney)
• Henry Cooper (deputy district attorney)
• Bill Ritter (District Attorney)
• Susan Fisch (defense attorney for Auman)
• Christina Habas (Denver District Judge, referenced in community corrections discussions)
• Greg Mauro (assistant director of Denver Community Corrections)
• Shawn Cheever (Auman’s former boyfriend; alleged burglary victim in connection with the predicate burglary)
• Demetria Soriano (Auman’s best friend from high school; co-suspect)
• Dion Gerze (Soriano’s boyfriend; co-suspect)
• Matthaeus Jaehnig (driver of the Trans Am; gunman; skinhead and described as a white supremacist; killed by suicide after shooting)
• Steven Duprey (co-suspect; arrested after the VanderJagt shooting)
• Travis Ford (17-year-old referenced near Monaco and Hampden when police response occurred)
• Barbara Happel (neighbor in a Monaco Parkway apartment where bullets burst through a dining room wall)
• Mark Haney (SWAT team member)
• Andy Ramirez (SWAT team member)
• Calvin Hemphill (Sgt. Calvin Hemphill)
• Michael Gargaro (officer involved in arrest; also referenced in amended report discussions)
• Jason Brake (officer)
• Marc Bennett (officer)
• Officer Bruce VanderJagt is also referred to as Officer Bruce VanderJagt and Sergeant Dean Jones is mentioned in Westword portion (however only Dean Jones is named there as part of the narrative).
• Tony Martinez (partner referenced in officer statement excerpt)
• Nick Rogers (interviewed Cheever about burglary from his Hudson Hotel room)
• Alex Woods (Detective questioning Soriano in another interview)
• Thomas Henry (pathologist referenced)
• Jeffrey Hartje (University of Denver criminal law professor)
• Kathleen Lord (public defender’s office; handling appeal)
• Angela Kruse (public defender; represented Auman at trial and mentioned in the narrative)
• Cyrus Callum (public defender; represented Auman)
• Lynn Kimbrough (spokeswoman for Denver district attorney’s office)
• Robert Simonich (VanderJagt’s brother-in-law)
• Matt Moseley (Auman family spokesman)
• Gerry Whitman (Denver Police Chief)
• Jelena (Jaehnig’s sister)
• Oumar Dia (named in connection with another murder)
• Jeannie VanVelkinburgh (wounded by shooting at a bus stop)
• Nathan Thill (named in connection with Oumar Dia’s killing)
• Jeannie VanVelkinburgh appears as a bystander shot and paralyzed
• Officer Greg Vacca (referenced in connection with a later arrest matter)
• Art Kent (cab driver referenced in narrative)
• Robin Bartholomew (former roommate; referenced in later narrative)
• Alicia Frederick (friend referenced in later narrative)
• Alicia Frederick is also named as someone who said she was afraid of the police
• Steffany Froemel (named friend referenced in later narrative)
• Carried items and testimony references in the 2005 appeal include:
  • David S. Kaplan (Colorado State Public Defender)
  • Kathleen A. Lord (Chief Appellate Deputy State Public Defender)
  • John W. Suthers (Attorney General)
  • Paul Koehler (Assistant Attorney General, Appellate Division)
  • Norman R. Mueller (appearing counsel for amicus curiae)
  • Rachel Bellis (appearing counsel for amicus curiae)
  • Peter A. Weir (appearing counsel for amicus curiae)
  • Steven L. Bernard (Assistant District Attorney, Nineteenth, Judicial District, Brighton)
  • Jefferson County Sheriff’s deputies are referenced but not individually named besides the general description
  • Detective Rick Schneider is referenced in the 2005 opinion
  • Officer Jason Brake and Officer VanderJagt are referenced in the 2005 opinion
  • Judge Nancy Rice (presiding at July 1998 trial) is named in narrative
  • Prosecutor Henry Cooper appears in narrative and in the 2005 opinion’s discussion
  • University of Denver professor Jeffrey Hartje appears in narrative and legal debate

Background

• Lisl Auman pleaded guilty in a case connected with the slaying of Denver police officer Bruce VanderJagt on Nov. 12, 1997.
• Auman had dated another lodge tenant, Shawn Cheever, while she was renting a room at an eleven-bedroom lodge (the Lodge).
• Approximately one week before the alleged burglary, Auman learned that Cheever no longer wanted to continue his relationship with her.
• Auman made plans to move out of the Lodge and move in with her friend Demetria Soriano at Soriano’s apartment in southeast Denver.
• Before the alleged burglary, Auman and others agreed to help her retrieve her belongings from Cheever’s room at the Lodge.

The offence

Predicate burglary and items taken

• Auman and others moved her belongings out of a room she had been renting at an eleven-bedroom lodge in the Denver foothills in November 1997.
• Evidence supported a conclusion that Auman and others with her broke the padlock on Shawn Cheever’s room and removed some of his belongings as well as some of Auman’s things which were also in Cheever’s room.
• In the 2005 appeal record, property described as taken included:
  • a snowboard
  • two camcorders
  • a tripod
  • two stereo speakers
  • an amplifier
  • a Sony Discman
  • several CDs
• In the 2005 appeal record, evidence described includes that a padlock securing Cheever’s room was cut with bolt cutters and that after entering, Auman, Gerze, and Duprey removed several items from Cheever’s room, including some of Cheever’s property.

Shooting death of Officer Bruce VanderJagt

• During a high-speed chase, and after Auman and Jaehnig ran into an alcove at an apartment complex, Auman surrendered to police.
• Auman surrendered after being under arrest for approximately five minutes when Officer Bruce VanderJagt was shot and killed by Matthaeus Jaehnig at point-blank range while the officer peered around the corner of the alcove.
• Jaehnig then spent his ammunition in a gun battle with officers before killing himself with Officer VanderJagt’s gun.
• In the 2005 appeal record, the death occurred approximately five minutes after Auman’s arrest.

Chase and actions during immediate flight

• Responding to a 911 burglary-in-progress call from Lodge residents, deputies began to follow the Trans Am.
• When deputies turned on emergency lights and sirens, Jaehnig sped off and a high-speed chase ensued.
• The record described Auman telling police she thought Jaehnig was fleeing because he was “wanted.”
• The Trans Am came to a complete stop two separate times; Auman did not get out of the car either time.
• Auman later told police that when the car stopped the second time, she considered getting out but Jaehnig told her: “[D]on't even think about it.”
• At one point during the chase, Auman held the steering wheel while Jaehnig leaned out the car window and shot at a deputy with an assault rifle.
• In the 2005 appeal record, Auman admitted she was aware when she was arrested that Jaehnig was still carrying the assault rifle used to shoot at the sheriff’s deputy and that he probably could not have escaped from the alcove without being seen by police.

Surrender and immediate statements about Jaehnig

• Officers repeatedly ordered Auman and Jaehnig to surrender.
• Officer Jason Brake repeatedly asked Auman about Jaehnig’s whereabouts and became adamant after she gave no reply.
• In the 2005 appeal record, Brake’s statements included:
  • “Where the fuck is he? We're not fucking around. Where the fuck is he?”
  • Brake stated that Auman “glared” at him and responded: “I don't know what you're talking about.”
• Auman gave the same response to another officer’s repeated pleas regarding Jaehnig’s whereabouts.

Investigation

Police interviews and evidentiary elements

• After the death, Auman consented to two videotaped interviews at police headquarters on Nov. 12.
• The 2005 appeal record states that during these interviews, Auman admitted that the group took property belonging to Cheever.
• The 2005 appeal record states that police later found items taken from Cheever’s room in the two cars, including:
  • a snowboard
  • two camcorders
  • a tripod
  • two stereo speakers
  • an amplifier
  • a Sony Discman
  • several CDs
• The 2005 appeal record states Auman admitted she was aware when she was arrested that Jaehnig was still carrying the assault rifle and that he probably could not have escaped from the alcove without being seen by police.

Pathology and forensic references in narrative

• Pathologist Thomas Henry stated that a drug screen found 772 nanograms of methamphetamine per milliliter of Jaehnig’s blood, and any level over 500 nanograms per milliliter was considered significant.
• The Colorado Bureau of Investigation reported it “failed to reveal the presence of gunshot primer residue” on any samples from Auman’s body or clothing.
• The Colorado Bureau of Investigation reported that Auman’s fingerprints were not found on the murder weapon.

Arrest

• Auman watched the tumult in the back of a police car while handcuffed and searched for weapons, belted into cruiser No. A6979.
• The narrative described officers crouching behind shrubbery and SWAT team deployment around Monaco Parkway apartments complex.
• Officers pushed Auman’s face into the snow during the arrest and handcuffed her.
• The 2005 appeal record described Auman being forced to the ground and handcuffed before being placed in a police car.
• The 2005 appeal record described Auman surrendering after being under arrest approximately five minutes before VanderJagt was killed.

Trial

Charges and trial posture

• Auman was charged with criminal offenses including:
  • first degree felony murder
  • attempted first degree murder
  • first degree assault
  • menacing
  • first degree burglary
  • conspiracy to commit first degree burglary
• The court instructed the jury on second degree burglary and first degree criminal trespass as lesser included offenses to first degree burglary.
• At trial, Auman was convicted of:
  • first degree felony murder
  • second degree burglary
  • menacing
• The 2005 appeal record also includes that the jury acquitted Auman of first degree burglary.
• In the narrative portion, Auman was described as convicted of felony murder on July 17, 1998; the felony murder carried a mandatory life without parole sentence (as described in narrative).

Jury deliberation and verdict details referenced in narrative

• A juror Linda Chin said:
  • the jury vote was 11 to 1 for a guilty verdict
  • she regretted it and said she felt “sucked in” under pressure to convict
  • she said they deliberated with an intense pressure to convict and that she broke down
  • she later said she had no idea about the mandatory penalty until later
• Auman did not take the stand, according to narrative.

Trial evidence and arguments referenced in narrative and 2005 appeal

• The prosecution argued Auman committed felony murder because she was guilty of burglary and because Officer VanderJagt’s death was caused by Jaehnig during immediate flight from burglary.
• The prosecution argued:
  • Auman’s arrest did not terminate her liability for felony murder while Jaehnig’s immediate flight continued
  • Auman lied to and withheld information from police
  • Auman did not meet the statutory affirmative defense to felony murder because she did not immediately disengage after having reasonable grounds to believe Jaehnig was armed or dangerous.
• Auman’s counsel argued alternative theories, including:
  • immediate flight terminated upon Auman’s arrest, terminating her felony-murder liability
  • she did not commit the predicate felony of burglary.
• The trial court submitted a jury instruction tracking felony-murder statute language and included the immediate flight element.
• In the narrative, closing arguments included prosecutor Cooper describing felony murder elements:
  • “What are the elements of felony murder?”
  • “Basically, you find the defendant committed a burglary and you find that she or one of her co-participants killed somebody while they were trying to get away. That's felony murder.”
• In narrative, defense counsel Callum argued distrust of police testimony and emphasized that Auman was in the police car at the time of shooting.
• In narrative, Judge Nancy Rice presided over trial commencing July 7, 1998, and it took eight days.

Instruction issue described in 2005 appeal

• The 2005 appeal record states that the theft instruction omitted a required element: the requirement that the defendant acted “knowingly” without authorization.
• The 2005 appeal record states the omitted element was part of theft, which was required for second degree burglary and as predicate felony for felony murder.
• The 2005 appeal record explains that second degree burglary requires intent to commit theft when unlawful entry occurs, and that theft occurs when a person knowingly obtains or exercises control over another’s valuable property without authorization and intends to permanently deprive the other person.

Sentencing

• Auman was sentenced to life in prison without parole in July 1998.
• In the narrative, she was described as 22 years old at sentencing.
• After reversal, Auman entered a plea agreement and was sentenced after pleading guilty on July 11, 2005.
• She agreed to the maximum sentence of 20 years.
• Prosecutors stipulated the sentence would be served in the community-corrections system, with possible placement such as a halfway house depending on community corrections board acceptance and scheduled sentencing proceedings.

Appeals

Colorado Supreme Court decision referenced

• The 2005 appeal record states that the Colorado Supreme Court reviewed the court of appeals’ decision in People v. Auman, 67 P.3d 741 (Colo.App.2002).
• The 2005 appeal record states:
  • the court agreed with the court of appeals that as a matter of law, arrest did not terminate Auman’s liability for felony murder
  • it held that whether a co-participant’s arrest terminates immediate flight while another participant remains in flight is a question for the jury to decide.
• The 2005 appeal record concluded that erroneous theft instruction may have deprived Auman of a full and fair jury consideration of her defense to burglary.
• The 2005 appeal record states the court reversed:
  • second degree burglary conviction
  • felony-murder conviction
  • and remanded for a new trial.
• The 2005 appeal record states these actions were in connection with the theft instruction omission of the required mental state.

Quoted dissent in 2005 appeal record

• A dissenting opinion stated:
  • “I respectfully dissent from part V of the majority opinion and from the court's judgment.”
• The dissent also discussed the standard and that the error was not properly preserved and should not amount to plain error.

Plea and outcome after reversal

• After the sentence reversal, Auman pleaded guilty on July 11, 2005 to:
  • burglary
  • accessory to first-degree murder in connection with the slaying of Denver police officer Bruce VanderJagt.
• Auman agreed to the maximum sentence of 20 years.
• The plea agreement stipulated community-corrections sentence, with board acceptance process referenced.
• Auman made a statement through defense attorney Susan Fisch after the hearing.
  • The statement included:
    • “I realize how emotionally painful and difficult a trial can be. As a result, I feel ... accepting this plea agreement ... is an opportunity to alleviate any further pain for the VanderJagt family, my family, the community and myself,” she said.
    • “This plea agreement gives me the opportunity to pursue the goals and dreams that I've only been able to think about for the last eight years as well as to give back to the community in a way that I could not do from prison,” she added.

Other details

Community corrections board process referenced in narrative

• The 21-member Denver Community Corrections Board first had to accept Auman.
• They could reject her application at an Aug. 17 meeting.
• Assistant director Greg Mauro said:
  • the board would look at risk to public safety
  • people accepted into community corrections often can return home within a year
  • on average they stay in a halfway house for about nine months, then can move to an apartment or house.

Statements and characterizations in narrative

• Robert Simonich said Auman was given the second chance that VanderJagt never had, and said he wore a bracelet tribute.
• Matt Moseley said the Auman family’s greatest sympathies continued to be with the VanderJagt family and the family was excited she was coming home.
• Denver Police Chief Gerry Whitman issued a statement that included:
  • “If released to community corrections, I hope Ms. Auman takes advantage of the second chance that has been granted her by a technicality of the legal system to undo the damage she has done to innocent people who suffered from her criminal actions.”
• Denver Deputy District Attorney Tim Twining was quoted discussing guilt among officers in the narrative portion:
  • “There was a lot of guilt among those officers,”
  • and that they experienced “it could have been me, should have been me” kind of thoughts.

Evidence disputes and controversies referenced in narrative

• The defense claimed Auman intended only to retrieve her belongings and that no agreement existed to steal Cheever’s property.
• The prosecution claimed Auman-led group intended to recover some belongings but steal Cheever’s property as well.
• The defense described there was no agreement to steal Cheever’s property.
• The narrative described that defense attorneys challenged truthfulness of officers involved in arrest reports even before trial began.
• The narrative described:
  • Cheever was arrested Nov. 21, 1997 and accused of theft, forgery, criminal impersonation and drug possession.
  • Officers found marijuana, four stolen purses and three checkbooks, including one in the name of Lisl Auman, when searching the hotel room where Cheever had been staying.
  • A note in the narrative that Cheever told police nine days earlier that nothing belonging to Auman was in his room.
• The narrative described that a drug screen found high levels of methamphetamine in Jaehnig’s blood and that forensic analysis failed to find gunshot primer residue on Auman’s body or clothing and did not find Auman’s fingerprints on the murder weapon.

Disputed “dip” allegation referenced in narrative

• The narrative described a disputed claim that Auman leaned to her right as if to drop something, and that the “dip” implied Auman handed the murder weapon to Jaehnig just before her arrest.
• The narrative described that Auman’s lawyers said amended reports were inspired and orchestrated by the prosecution team.

Additional quotes and statements included in narrative

• Sgt. Calvin Hemphill said to Auman:
  • “This is murder one, and you're going down,”
  • “You're going down.”
• Brake quote during the 2005 appeal record included:
  • “Where the fuck is he? We're not fucking around. Where the fuck is he?”
• A later referenced message left on the Auerbachs’ answering machine in narrative included:
  • “Spit on a police officer, tell him to go to hell. Sweet little girl. You assholes at Sherman Way ought to be in prison with her. Have a nice life? One more thing, scumbags. You may be able to change your phone number to try to hide from decent people, but can you afford to change your address? Later, jackass. We're not like the cops. We don't have our hands tied. Two words for Colleen: Suck it.”
• The 2005 appeal record referenced a quote from Auman to police interviews:
  • “Shawn lied to me and made me feel like s---,”
  • “I wanted to retaliate, I guess.”
• The 2005 appeal record also referenced:
  • “I wanted to ․ retaliate.”
• A further quote in narrative attributed to Auman included:
  • “I just wanted to get my stuff back.”

Timeline

• Nov. 11, 1997 — Auman and others discussed the plan to retrieve items and help in moving; Auman later described the conversation about Cheever’s “big speakers.”
• Nov. 12, 1997 — Auman and others went to the Lodge; Cheever’s padlock was cut with bolt cutters; the police chase occurred; Jaehnig shot and killed Officer Bruce VanderJagt shortly after Auman surrendered; police conducted videotaped interviews the same day.
• Nov. 21, 1997 — Cheever was arrested and accused of theft, forgery, criminal impersonation and drug possession (as described in narrative).
• Nov. 28, 1997 — Steven Duprey was arrested outside a South Federal house (as described in narrative).
• July 1998 — Auman was sentenced to life in prison without parole; the felony murder conviction and related convictions were after trial in July 1998 (as described).
• March 2005 — Colorado Supreme Court reversed the burglary and felony-murder convictions due to instructional error and remanded for a new trial.
• July 11, 2005 — Auman pleaded guilty to burglary and accessory to first-degree murder and agreed to a 20-year term.
• Aug. 17 — Community Corrections Board meeting date referenced for acceptance or rejection in narrative discussions.
• Aug. 22 — Scheduled sentencing date referenced in narrative for community corrections proceedings.

Outcome

• Auman’s life without parole sentence was reversed in March 2005.
• Auman pleaded guilty on July 11, 2005.
• Auman was sentenced to 20 years in prison following the plea.