DENVER, Colo. — A Denver District Court judge on Thursday rejected a defense request for probation and sentenced an accused man to 12 years in prison, despite arguments that he had accepted responsibility, expressed remorse and made significant efforts toward rehabilitation after pleading guilty to second-degree assault.
During a sentencing hearing in Denver District Court, Judge Andrew J. Luxen sentenced the accused after he previously pleaded guilty to second-degree assault as part of a plea agreement stemming from an incident on April 16, 2025.
On May 18, 2026, the accused entered a guilty plea. During Thursday’s sentencing hearing, defense counsel urged the court to impose probation, arguing that incarceration was unnecessary given the circumstances of the offense and the accused’s efforts to rehabilitate.
The defense argued that the incident began after an argument between the accused and his wife.
The defense stated that neither party physically assaulted the other and claimed that one of them accidentally butt-dialed the accused’s mother-in-law during the argument.
According to the defense, the mother-in-law then contacted several of the accused’s brothers-in-law, who arrived at the couple’s apartment.
The defense told the court that the accused panicked after seeing a firearm among the group gathered outside his home and fired a gun inside the apartment.
The defense emphasized that the accused was not claiming self-defense but acknowledged that he had overreacted to the situation.
The defense argued that the accused accepted responsibility by pleading guilty rather than proceeding to trial.
In mitigation, the defense presented details about the accused’s background, telling the court that he grew up in a violent household and suffered physical abuse from family members as a child.
According to the defense, the accused discovered at age 27 that the man who raised him was not his biological father.
Defense counsel also stated that the accused had spent six months in self-isolation while incarcerated, completed anger management classes and had a job offer waiting for him upon his release.
The defense noted that this was the accused’s first felony conviction.
The accused’s mother addressed the court, expressing regret over the circumstances that she said allowed her son to be abused while growing up.
She told Judge Luxen that the accused’s wife informed her he “did not lay a hand on her at all” during the incident and asked the court to consider the impact a lengthy prison sentence would have on his family and seven children.
The accused’s wife also addressed the court, reading a letter about the couple’s 15-year marriage and asking that her husband be allowed to return home. She also expressed her desire to maintain contact with him while he is incarcerated.
The accused thanked his attorney, family, the prosecution and the court for their support throughout the proceedings.
Addressing Judge Luxen, he said he feared for his life on the day of the incident and never wanted the events to unfold as they did.
He also told the court that he hoped to become a better father to his children and eventually operate his own food truck after his release.
After hearing the parties’ arguments, Judge Luxen denied the request for probation and imposed the agreed-upon sentence.
The accused was sentenced to 12 years in the custody of the Colorado Department of Corrections, followed by three years of mandatory parole, for second-degree assault.
The court also imposed a concurrent three-year sentence for menacing, followed by two years of mandatory parole.
Following the sentencing, the accused’s wife requested that the court modify the mandatory protection order so that she and her children could continue communicating with their father while he is incarcerated.
She told the court, “He can’t hurt us over the phone; I’m not sure why you can’t remove it.”
Judge Luxen granted a modification to the mandatory protection order, allowing communication in accordance with the court order.
As the hearing concluded, the accused turned to face his family and said, “I’ll be home soon.”
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