Colorado Attorney General Leaves DA in Hit-and-Run Case Hung Out to Dry

When Eagle County District Attorney Mark Hurlbert announced that he wasn't going to pursue felony charges against the Morgan Stanley "wealth manager" who nearly killed a biker in a hit-and-run accident over the summer, citing concern a conviction could hurt the former's earning potential, he probably didn't expect the story to make national headlines.

Now that it has, though, his fellow Republicans are refusing to stand by his decision, with a spokesman for Colorado Attorney General John Suthis telling Change.org that those upset with Hurlbert's decision should call him directly and complain -- or simply vote him out of office.

Under Colorado law, Martin Erzinger ought to have been charged with a class 4 felony for leaving the scene of an accident that resulted in serious bodily harm, which is punishable by 1 to 3 years in prison. Instead, and despite Erzinger leaving a bicyclist near death on the side of the road -- only stopping later to call his Mercedes Benz repair service -- Hurlbert said he was dropping felony charges because a conviction could "have some pretty serious job implications for someone in [his] profession."

Since news of the decision broke last week, the story has gone viral, earning coverage everywhere from the Huffington Post to Treehugger.com to the homepage of filmmaker Michael Moore. More than 5,500 people have also sent letters to Hurlbert expressing their outrage over the decision. And now Attorney General Suthis is leaving him hanging out to dry.

Asked to comment on the case, Mike Saccone, the attorney general's communications director, declined to offer a word of support for Hurlbert's decision -- not even employing the usual line about waiting until all the facts are in. Instead, he suggested that if people don't like what the district attorney is doing, perhaps they should remove him from office.

"In Colorado, the district attorneys are locally elected," Saccone told Change.org, "and therefore the attorney general is not the boss of the local district attorney, the voters are." Accordingly, voters could express their outrage at the ballot box, or by calling the district attorney's office at (970) 328-6947.

But while the public can voice their discontent, Saccone said there was nothing the attorney general can actually do himself, though he acknowledged the office has been bombarded with calls from people "livid" with the decision.

"We don't have the authority to intervene or discipline a district attorney," Saccone claimed, saying the attorney general can only intervene in cases involving benefits fraud or those spanning multiple jurisdictions. He added, however, that a "third scenario would be at the order of the governor by executive order," which he said is "very rare."

Myung Oak Kim, a spokeswoman for outgoing Gov. Bill Ritter, a Democrat, would not comment on that possibility when asked by Change.org. She added that the governor, who previously served as district attorney for Denver, currently has no plans to issue a statement on the matter. A few calls might change his mind, though; Ritter's office can be reached at (303) 866-2471.

And if you haven't already, make sure you let Hurlbert know what you think of his decision to pursue felony charges -- or not pursue charges -- based on the net worth of defendants.

Photo Credit: Anna Gay