Man who tried to kill cop gets 80-year sentence
By MIKE SACCONE The Daily Sentinel
Tuesday, November 28, 2006
A Grand Junction man convicted of shooting at a police officer and menacing another local man will likely spend the rest of his life in prison.
District Judge Brian Flynn sentenced 39-year-old Daniel Alexander, who was convicted last month of attempting to murder Grand Junction police officer John Ferguson and menacing David Martinez with a deadly weapon on Jan. 13, 2005, to 80 years in prison.
In issuing his ruling, Flynn told Alexander that his sentence was intended to “deter” others from committing similar crimes against law enforcement.
Flynn said Alexander’s lengthy sentence also reflected how he repeatedly declined to accept help from his father for his mental health and substance abuse problems.
“You didn’t take that help and that, I think, is a big reason why you’re here today,” Flynn said.
Alexander was convicted last month of attempted second-degree murder, first-degree assault and three counts of felony menacing.
Alexander was arrested after he pointed a rifle at then-33-year-old Martinez at his home in the 2600 block of Gunnison Avenue and in a nearby alleyway, according to court records.
When Ferguson responded to the scene and confronted Alexander, he pointed his rifle at the police officer. After Alexander fired a shot at Ferguson, the officer returned fire, hitting the man twice.
Throughout the trial, though, Alexander’s attorney, public defender Steve Colvin, told the court that Alexander was not responsible because of insanity.
At the sentencing hearing, Alexander himself apologized to Ferguson and the court, blaming his conduct on his mental instability.
“I was out of my mind. When I’m not in that state of mind, that’s appalling to me,” Alexander said. “I would never do anything like that.”
Alexander said he was mad at himself for putting himself and others through such a traumatic episode.
During the hearing, Ferguson told the court that he did not harbor any ill will toward Alexander himself, but he did “hate” the substance abuse that had led Alexander to act as he did.
“I hate what (substance abuse) does to people and what came out of that,” Ferguson said. “This is a perfect example of that.”
That said, Ferguson said he believed in “personal accountability” and Alexander should be held accountable for his actions.
Assistant District Attorney Rich Tuttle told the court that Alexander’s other victim, Martinez, could not attend the hearing, but wanted to make it clear that the menacing incidents had changed his life for the worse.
Tuttle told the court that Martinez had moved his family south of Grand Junction “exclusively because of this incident.”
He said Martinez has been unable to trust people the way he did before the incident.
Deputy District Attorney Rob Zentner said for these reasons, the danger Alexander forced upon the community and his history of drug use, the 80-year sentence was appropriate.
Zentner said any time drugs are involved in a crime, suspects such as Alexander should expect to confront lengthy prison sentences.
Blood test results introduced at trial revealed that Alexander was under the influence of alcohol and marijuana at the time of shooting.
However, the prosecution also presented evidence during the trial of Alexander’s long history of drug abuse, including methamphetamine and other narcotics.
“Those people choosing to abuse illicit drugs before proceeding to menace and assault innocent victims, those criminals go to prison,” Zentner said.
“Period.”
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