People v. Cooper.

2026 COA 44. No. 24CA1002. Commencement of Criminal Action—Attorney General’s Powers and Duties—Executive Order Directing Investigation and Prosecution—Special Prosecutor Statute—Special Relationships Statute—Traverse—Jury Instructions—Standard of Care—Criminally Negligent Homicide.

June 4, 2026

Cooper was tried with Cichuniec in 2026 COA 43. Cooper was found guilty of criminally negligent homicide but acquitted of all other charges.

On appeal, Cooper argued that the district court erred by denying his motion to dismiss the indictment because the attorney general lacked authority to prosecute the case. He asserted that the district attorney’s decision to not prosecute could be overridden under Colorado’s special prosecutor statute. For the reasons discussed in 2026 COA 43, the district court didn’t err by denying Cooper’s motion to dismiss the indictment.

Cooper also argued that the district court erred by refusing his counsel’s tendered instruction specifying the standard of care applicable to the criminally negligent homicide charge and by refusing to adequately and accurately define that standard after the jurors affirmatively indicated that they didn’t understand which standard to apply. For the same reasons discussed in 2026 COA 43, the district court erred.

Cooper further contended that the district court erred by not instructing the jury that § 18-1-703(1)(e)(II) of Colorado’s “special relationships” statute creates an affirmative defense that the prosecution must disprove beyond a reasonable doubt. As discussed above in 2026 COA 43, the district court was not required to instruct the jury that the prosecution had the additional burden of disproving the defense beyond a reasonable doubt.

The judgment of conviction was reversed and the case was remanded for a new trial.