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 invoked his right to silence. He believed the deputy already concluded he was at fault and decided to wait to speak with an attorney.

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