Hoefker Sentenced in Sex Assault Case

By Dan Cunningham
Posted Feb 24, 2009 @ 10:33 AM
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   A Rocky Ford man was sentenced to four years of community corrections Monday after pleading guilty to criminal attempted sexual assault on a child.
    Mickey Hoefker, 30, was ordered to report to a community corrections facility in El Paso County later this week.
    The plea agreement was formally accepted by Judge M. Jon Kolomitiz, who also ordered Hoefker to pay a $750 surcharge and $593 restitution to the victim.
    Phillip Palmer was the prosecutor at the sentencing, while Hoefker was represented by Casey Irwin.
    Hoefker had originally been accused of sexual assault on a child. Under the plea agreement, Hoefker entered a plea of guilt to the reduced charge of attempted sexual assault on a child, a class 5 felony offense.
    Kolomitz advised the defendant that he now had two felony convictions and a third felony would lead to more serious consequences.
    Kevin Snow, now residing in the Denver area, appeared before Kolomitz to enter a plea stemming from an accusation that he had possessed contraband while residing at Fort Lyon Correctional Facility.
    District Attorney Rodney Fouracre, who appeared in the Las Animas courtroom to prosecute the case, later confirmed the contraband was alcohol.
    Public defender Gail Morrison said her client would be pleading guilty to a reduced charge that would lower the offense to a class 1 misdemeanor.
    At first, Kolomitz expressed reluctance about accepting the proposed plea, noting that Snow had originally been charged with a felony and now the prosecution was settling for a misdemeanor.
    Kolomitz asked Fouracre if the lower charge was related to the offense allegedly happening in 2006 while charges were not filed until 2008.
    “Yes, sir,” Fouracre responded. The D.A. also indicated that subsequent information from a parole officer had a bearing on the reduced charge.
    The judge then tentatively agreed to accept the plea, noting that he reserved the right to change his mind after studying the case further.
    Kolomitz ordered Snow to return on March 23.
    Jesse Trujillo, 45, of Las Animas, appeared in court for what was to have been an arraignment related to an alleged assault in the second degree, a class 4 felony.
    Public defender Gail Morrison informed Kolomitz that her client had offered a counter plea agreement to the prosecution and she requested a preliminary hearing, which had not been held yet in the case.
    To give both sides time to consider the counter offer, Kolomitz agreed to have Trujillo return to court March 9.
     Anthony Adame returned to court and informed Judge Kolomitz he still did not have an attorney. A jury trial which was to have begun earlier this month was stopped and vacated when Adame dismissed  his defense counsel.
    “I am not trying to test your patience,” Adame told Kolomitz after admitting he had not found an attorney yet to represent him.
    Kolomitz gave Adame until March 23 to find legal representation.
    Adame, 48, Las Animas, is accused of felony menacing and a felony count of third degree assault against an at-risk adult. The charges were first filed in 2007.
 

   A Rocky Ford man was sentenced to four years of community corrections Monday after pleading guilty to criminal attempted sexual assault on a child.
    Mickey Hoefker, 30, was ordered to report to a community corrections facility in El Paso County later this week.
    The plea agreement was formally accepted by Judge M. Jon Kolomitiz, who also ordered Hoefker to pay a $750 surcharge and $593 restitution to the victim.
    Phillip Palmer was the prosecutor at the sentencing, while Hoefker was represented by Casey Irwin.
    Hoefker had originally been accused of sexual assault on a child. Under the plea agreement, Hoefker entered a plea of guilt to the reduced charge of attempted sexual assault on a child, a class 5 felony offense.
    Kolomitz advised the defendant that he now had two felony convictions and a third felony would lead to more serious consequences.
    Kevin Snow, now residing in the Denver area, appeared before Kolomitz to enter a plea stemming from an accusation that he had possessed contraband while residing at Fort Lyon Correctional Facility.
    District Attorney Rodney Fouracre, who appeared in the Las Animas courtroom to prosecute the case, later confirmed the contraband was alcohol.
    Public defender Gail Morrison said her client would be pleading guilty to a reduced charge that would lower the offense to a class 1 misdemeanor.
    At first, Kolomitz expressed reluctance about accepting the proposed plea, noting that Snow had originally been charged with a felony and now the prosecution was settling for a misdemeanor.
    Kolomitz asked Fouracre if the lower charge was related to the offense allegedly happening in 2006 while charges were not filed until 2008.
    “Yes, sir,” Fouracre responded. The D.A. also indicated that subsequent information from a parole officer had a bearing on the reduced charge.
    The judge then tentatively agreed to accept the plea, noting that he reserved the right to change his mind after studying the case further.
    Kolomitz ordered Snow to return on March 23.
    Jesse Trujillo, 45, of Las Animas, appeared in court for what was to have been an arraignment related to an alleged assault in the second degree, a class 4 felony.
    Public defender Gail Morrison informed Kolomitz that her client had offered a counter plea agreement to the prosecution and she requested a preliminary hearing, which had not been held yet in the case.
    To give both sides time to consider the counter offer, Kolomitz agreed to have Trujillo return to court March 9.
     Anthony Adame returned to court and informed Judge Kolomitz he still did not have an attorney. A jury trial which was to have begun earlier this month was stopped and vacated when Adame dismissed  his defense counsel.
    “I am not trying to test your patience,” Adame told Kolomitz after admitting he had not found an attorney yet to represent him.
    Kolomitz gave Adame until March 23 to find legal representation.
    Adame, 48, Las Animas, is accused of felony menacing and a felony count of third degree assault against an at-risk adult. The charges were first filed in 2007.
 

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