Man sentenced to 264 years gets new trial

A Colorado Springs man sentenced to 264 years in prison after a jury convicted him of attempted murder and 27 other crimes will get a new trial because his defense attorney was incompetent, a judge ruled Wednesday.

Jeremy Petschow, 30, has been in prison since 2001 for burglarizing 14 Colorado Springs homes, stealing four cars and trying to kill two homeowners who caught him in their basement. He had previous convictions for burglary, receiving stolen property and weapons possession by a felon - which tripled his sentences.

Fourth Judicial District Judge Theresa Cisneros granted Petschow a new trial because his lawyer, Patrick N. Smith, didn't meet with him enough before and during the trial, failed to object to "inadmissible and prejudicial" evidence at trial and didn't ask for the weapons charge to be tried separately so jurors wouldn't hear about Petschow's prior felony convictions.

Smith also was drunk, Cisneros said at a recent hearing on the motion for a new trial. He "smelled like alcohol" and was forced to take a Breathalyzer, which showed he was under the influence of alcohol, Cisneros said in her ruling.

"Mr. Petschow's testimony was more credible than Mr. Smith's," Cisneros said Wednesday.

Rockrimmon-area homeowner Gerry Shisler was upset that Petschow was getting the chance to get out of prison.

Shisler was shot in the arm when he surprised a burglar in his home in November 2000.

The suspect fired at his wife, Kim.

"There's no doubt in my mind the person in that courtroom today was the person in my house," Shisler said. "When I got off the stand at the trial, I looked at Petschow and he had this cocky attitude. That's the last expression I saw before he took a shot at me."

Shisler said he believes Petschow "manipulated" the system.

"He had an opportunity to get a public defender, but he went with this guy," Shisler said.
Smith's license to practice law is on "disability inactive" status, according to the Colorado Supreme Court's Office of Attorney Regulation Counsel. That means an attorney can't keep up with his or her professional responsibilities because of mental, physical or emotional illness "including addiction to drugs or intoxicants," according to the counsel.

Cisneros ruled Smith should have objected when a Colorado Springs police officer told jurors Petschow "attempted to assassinate the Shislers."

Worse, Cisneros ruled, Smith failed to investigate the possibility that a co-defendant, Brandon Warren, was the shooter.

Smith "completely failed to prepare for trial," Cisneros said.

Deputy District Attorney Heidi Bauer told Cisneros she would attempt to work out a plea deal to avoid another trial, scheduled for Aug. 24.

Cisneros set his bond at $100,000.