A Colorado Springs defense attorney said the violations were a ‘shocking amount’
A Douglas County judge said prosecutors demonstrated a “pattern of neglect” by failing to provide evidence to the defense 52 times in an assault case, documents obtained by The Gazette show.
In an unpublished opinion, the Colorado Court of Appeals last week affirmed the dismissal of 10 charges in the case of Dontae Lahmar Burney, who faced 30 counts related to assault and child abuse.
His case was headed to trial until 23rd Judicial District Judge Daniel Warhola dismissed some of the charges in October 2025 after finding prosecutors failed to give materials and information to the defense over the course of six months. Called Rule 16 violations under Colorado law, they are more colloquially known as discovery violations…