EL PASO COUNTY, Colo. — FOX21 News has exclusively obtained a motion filed on behalf of Commander Juan “John” San Agustin that demands the conversation between the prosecution and the Grand Jury be released on claims the prosecution did not give the Grand Jury the full story.
It also alleges the prosecution was motivated to falsely implicate San Agustin to hurt his credibility.
The motion, filed Thursday, includes additional evidence and says the Grand Jury was not fully informed before making the decision to charge San Agustin, former Sheriff Terry Maketa and former undersheriff Paula Presley with kidnapping and false imprisonment.
The documents include a timeline of the events of the day in question through key card scans that a source previously informed FOX21 News about.
The timeline shows San Agustin left the El Paso County Sheriff’s Office at 9:32 a.m. on September 12, 2013 and the arrest of Kelli Trull, who San Agustin is accused of kidnapping, didn’t happen until 9:58 a.m. – 26 minutes after San Agustin left the building.
According to court documents, the indictment against San Agustin alleges he followed orders from Maketa and Presley and ordered the arrest of Trull, without probably cause.
Trull was the girlfriend of a former Sheriff’s Deputy, and accused him of assaulting her but later said she lied about it.
The new motion says the prosecution never presented any evidence to the Grand Jury that San Agustin ordered the arrest and key car records show he wasn’t even there when it happened, and neither was Maketa or Presley.
Documents also state that Chief Deputy District Attorney Shannon Gerhart was the one that ordered Detective Lisa Kaiser to arrest Trull, not San Agustin.
The motion alleges the prosecution deliberately withheld this evidence and it’s San Agustin who has been falsely accused, wrongly indicted and publicly humiliated.
But perhaps the most shocking – the motion alleges the prosecution was motivated to falsely implicate San Agustin in order to hurt his credibility.
According to documents, San Agustin supervised the investigation into the assassination of Tom Clements, the Executive Director of Colorado Department of Corrections and San Agustin believed Clements’ murder was a conspiracy by the 211 Crew, a white supremacist gang, and not the result of one man acting alone.
But according to the documents, District Attorney Dan May refused to pursue charges of other individuals linked to the assassination “without reason.”
Frustrated that the truth was being withheld, documents say San Agustin voluntarily left the El Paso County Sheriff’s Office in October of 2014.
The motion goes on to say May, along with the Colorado Bureau of Investigation (CBI), then worked to push out Maketa and Presley, who supported and believed San Agustin’s theory.
Recently current El Paso County Sheriff Bill Elder has called to close the investigation into Clements’ murder, and as of now, only Evan Ebel has been charged in his death.
The District Attorney overseeing this case in Arapahoe County has two weeks to respond to this motion.
FOX21 News will continue to follow this story as it develops.