People v. Nkongolo.

2025 CO 20. No. 24SA333. Voluntary Statements—Coercive Conduct—Agent of the Police—Government Actor—Implied Promise or Threat—Suppression of Evidence—Overbore Defendant’s Will.

May 12, 2025

In this interlocutory appeal, the supreme court held that the trial court erred by suppressing statements Nkongolo made by text message to the alleged victim’s father. The father was acting as an agent of the police during the conversation. Although the father impliedly promised not to go to the police if Nkongolo told him the truth about what had happened with his daughter, the totality of the circumstances shows that the conversation wasn’t coercive. And even if the father’s conduct had been coercive, it didn’t overbear Nkongolo’s will or induce his statements. Accordingly, the court reversed the trial court’s suppression order and remanded the case to the trial court for further proceedings.