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'I don't believe you': Judge, man argue during sentencing for orchestrating 'horrific' assaults - Colorado Springs Gazette 'I don't believe you': Judge, man argue during sentencing for orchestrating 'horrific' assaults - Colorado Springs Gazette

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‘I don’t believe you’: Judge, man argue during sentencing for orchestrating ‘horrific’ assaults

A man accused of orchestrating several nearly fatal assaults interrupted and argued with a 4th Judicial District judge as she sentenced him to 45 years in the Department of Corrections on Friday in an El Paso County courtroom.

Shemor Mitchell, 37, and several other co-defendants are most notably accused of beating a man at his apartment, taking him against his will to the PopCycle Bridge, cutting and burning him before throwing him into the frozen river below. Two different individuals were co-defendants to Mitchell for allegedly sexually assaulting a homeless man with a broomstick.

Judge Jessica Curtis described the “horrific” acts on the victims as the “most serious” non-fatal offenses she has presided over in her six years with a felony criminal docket.

Before sentencing, Mitchell and his attorney, Kathryn Sheely, asked the judge for the minimum possible sentence under his plea agreement of 35 years. Mitchell told Curtis he was hoping to see his children by the time they are in their 30s and voiced worries about them becoming like him and ending up in jail.

Sheely argued her client was not the main actor in the crimes he was accused of and that the first co-defendant to give police a statement, Alyssa Briggs, was protecting her boyfriend, Johnathan Foix, another co-defendant.

Briggs, 43, allegedly gave a box cutter knife to Foix during the assault on the bridge that he used to stab the victim. Foix was previously sentenced to 25 years in prison for his involvement, according to the judge.

“I think it’s ironic that getting thrown into a frozen river probably saved his life,” Briggs’ attorney Damon Cassens said while arguing for a lesser sentence. “That said, Ms. Briggs does not deny her involvement.”

The judge sentenced Briggs to eight years in state prison, above the 6-year minimum and under the 16-year maximum, immediately after Mitchell’s hearing. Briggs immediately sighed in relief and broke into tears after the ruling, before thanking Curtis for her decision.

Curtis was supposed to sentence Mitchell and Briggs on Monday, but “reluctantly” delayed both hearings after a request by Mitchell’s attorney because she was unable to discuss a new self-reported mental health diagnosis before it occurred.

Mitchell accepted a plea deal well before Monday’s hearing, prompting Curtis to describe the continuance request as “reeking of buyer’s remorse.”

After receiving the maximum sentence on Friday, Mitchell began talking out loud to himself while the judge continued ruling, and soon after began arguing with the judge about his involvement.

“This ain’t right,” Mitchell said, interrupting Curtis as their voices overlapped in argument.

“I frankly don’t believe you, that you had a minor role,” Curtis rebuked him with her voice raised, before again warning Mitchell he would be escorted out of the hearing if he was not silent.

Mitchell remained silent after that final warning until after the judge ended her sentencing ruling by wishing him good luck. He told Curtis what was happening was “not right” to which she responded, “It wasn’t right what you did.”

Mitchell, a Black man, continued arguing about how his White and Asian co-defendants were treated differently as a deputy attempted to take him out of the room.

“That’s bad, man. This judicial system is failing people,” Mitchell said. “White people can say whatever they want; I can’t make anyone do that … this is how y’all do people, especially Black people.”

During her sentencing ruling, Curtis dismissed the arguments about Mitchell’s limited involvement as “really self-serving and unlikely.”

“He made some choices that will live with him forever and almost killed people,” Curtis said.

In addition to Mitchell, Briggs and Foix, Elijah Cunningham was sentenced to seven years in prison for his involvement in the attempted murder on the bridge, according to Curtis.

One of the co-defendants in the other assault that Mitchell allegedly orchestrated involving the sexual assault has been sentenced, while another is awaiting sentencing.

Brandon Drakeford has accepted a plea deal and will face between 20 and 30 years in prison, while Melissa Martinez was sentenced to “just under” 30 years, Curtis said.

All of the co-defendants who have been sentenced agreed to split the restitution for the victim’s medical expenses in the cases they are involved in.

The co-defendants in the sexual assault case will be jointly responsible for $31,548, while the bridge assault co-defendants will split the restitution of $41,093.



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