In 2015, Jonathan Bell, a convicted felon still on probation, walked into an Aurora payday loan business and passed a note to the clerk saying, “Be quiet stay calm gather all the money quickly I’m ready to shoot these 17 shots! co-workers and all.” As the terrified clerk reached for the panic button that would sound the alarm, Bell pulled out a black pistol and told her not to touch it. Bell forced the clerk, a woman with a family and a heart condition, to hand over money from the register and then open a safe, keeping her at gunpoint. Before running away with over $4,300 in cash, Bell threatened he would come back and kill her if she reported the crime.
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Despite Bell’s threats, the clerk bravely called the police and watched as Bell ran down the street. Thanks to great police work, Bell was quickly located and after a short chase, taken into custody. Nearby, officers found the bag of cash and a discarded black BB gun, made to look identical to a real firearm.
Bell was ultimately convicted by prosecutors from my office of aggravated robbery, kidnapping, menacing with a gun, and theft. A judge sentenced Bell to 16 years in prison.
Justice served, right?
Fast forward seven years. It’s mid-morning on Dec. 1, 2022, when a man walked into the Key Bank on Arapahoe Road and pointed a silver revolver at a teller, and ordered him to open the vault at gunpoint. The victim, in fear for his life, complied and filled a backpack with the money. Before taking off with a pile of cash (and a GPS tracker), the suspect pointed his gun at two other bank employees and threatened to kill them. As the suspect fled on foot, a Greenwood Village police officer arrived on the scene and chased him.
The suspect ran through a busy parking lot next to a Target, turned, and fired multiple shots at the officer. Thankfully, the officer and countless shoppers in the parking lot and nearby stores were not injured. The suspect managed to barricade himself in a nearby hotel for several hours, surrounded by SWAT teams, before he surrendered.
The investigation ultimately linked the suspect to four other armed bank robberies over the previous months involving eleven more victims. Who was this suspect that so brazenly robbed a bank in the middle of the day and fired shots next to a Target filled with holiday shoppers? None other than Jonathan Bell, who like so many violent offenders sentenced under Colorado’s weak laws, had been released from prison after serving less than half of his 16-year sentence.
It is unconscionable that someone convicted of aggravated robbery and kidnapping would be released from prison after serving just 7 years behind bars, yet that’s exactly what happens with most violent offenders in Colorado. According to the most recently available Department of Corrections data, criminals convicted of some of the most violent offenses serve about 46% of their sentences before they’re released. That’s unfair to victims, unfair to the community, and certainly not helpful to Governor Polis’ oft-repeated desire for Colorado to be one of the “Top 10 Safest States.”
Fortunately, Colorado voters have an opportunity to support truth in sentencing by voting “yes” on Proposition 128. This common-sense proposal ensures that violent criminals convicted of offenses like murder, sexual assault, aggravated robbery, and kidnapping, serve at least 85% of their sentences before they’re released from prison. Forcing these violent offenders to serve the majority of their sentence will send the message to would-be criminals that crime doesn’t pay in Colorado. Meanwhile, allowing offenders to shave off some time from their prison sentences – limited to 15%, which is in line with federal sentencing standards – still incentivizes offenders to be on their best behavior and engage in rehabilitative programming in prison. And if that rehabilitation clearly is not working, a career criminal – defined as someone convicted of three violent offenses – Proposition 128 requires they serve 100% of their sentence.
This is a change we need. District attorneys across the state believe Proposition 128 will reduce recidivism, make communities safer, and let our citizens know that long prison sentences for the most violent of crimes are not illusory. That’s why the District Attorney’s Council, a bipartisan group representing all of the elected district attorneys in the state, has endorsed Proposition 128.
I urge all Coloradans, regardless of their party or ideology, to join me in supporting Proposition 128 to make Colorado safer.
John Kellner is the district attorney for the 18th Judicial District which includes Arapahoe, Douglas, Elbert and Lincoln counties.
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