State's Witnesses

In Colorado, at the time of Abe's trial, the sentencing range for first degree murder was a sentence of death or life without the possibility of parole. In 2020, Colorado abolished the death penalty.

In 2002, the United States Supreme Court's ruling in Ring v. Arizona, 536 U.S. 584 (2002), rendered Colorado's sentencing procedure for death penalty cases unconstitutional. The Colorado legislature sought to amend the sentencing statues so that the government could continue to seek the death penalty in Mr. Hagos case. The amendment was referred to as the "Hagos Clause."

Provision Current Location Previous Location(s) Statutory Citation
Life Imprisonment Clause 18-1.3-401(5) 18-1-105(5) Laws 1977, H.B. 1589 15, relocated to 18-1.3-401(5) by Laws 2002, Ch. 318, 2
The Hagos Clause for offenses 1995-2002 (Effective July 12, 2002) 18-1.4-102(c) None Laws 2002, 3rd Ex.Sess., Ch. 1, 13
Retrospective Death Penalty Sentencing for offenses 1995-2002 (Effective July 12, 2002) 18 1.4-101 & 18-1.4-202 16-11-103 Laws 2002, 3rd Ex. Sess., Ch. 1, 12 Re-enacting senate bill 95-54 as it existed on June 30, 1995, [Laws 1995, S.B. 95-54, 1, previously cofied at 16-11-103 (1996)] and placing said re-enactment in 18-1.4-102. Amended by Laws 2002, 3rd Ex.Sess, Ch. 1 13, 14, 15 (amending the newly enacted 18-1.4-102)
Prospective Death Penalty Sentencing for offenses 2002-present (in effect July 12, 2002) 18-1.3-1201 16-11-103 Laws 1995, S.B. 95-54, 1 (as amended in 1997 and 1998), Relocated and amended by Laws 2002, Ch. 318, 2, eff. Oct 1, 2002, which made conforming amendments, changes in style, and other changes to make the text gender-neutral. Amended by Laws 2002, 3rd Ex. Sess., Ch 1, 1.

This amendatory legislation was ruled unconstitutional as special legislation violating Colo. Const., art. V, sec. 25. People v. Hagos, 110 P.3d 1290 (Colo. 2005). Thereafter, the court determined on August 8, 2003, the prosecution could not seek the death penalty against Mr. Hagos.

Colorado has one of the harshest, if not the harshest, sentences for kidnapping. First degree kidnapping is a class 2 felony (8-24 years) but elevated to a class 1 felony (life without) if the prosecutor decides to up the charge, which they did in Abe's case.

A request from the Colorado State Court Administrators Office & Research revealed between January 1, 2000 through December 21st, 2000 Abe is the only person to receive a life sentence for first degree kidnapping. Click here to see the kidnapping statistics data analysis

M = Murder case (99CR2738) Denver County
K = Kidnapping case (00CR3603) Denver County

Kosal So

  • 70 years in murder case

  • Testified Against Abe

  • Charges in kidnapping case dismissed

M K

Srey Mony

  • Denver DA's Office taylored his deal to trespassing to avoid deportation

  • Received probation

  • Testified Against Abe

K

Matthew Conner

  • 16 years, 10 months

  • Matthew was the only white defendant in the case. The Denver DA's office stipulated that no one else in the case would get a sentence less than him.

M

Darrell Cruz

  • 8 years

  • Testified Against Abe

K

Wayne Roberts

  • Granted immunity

  • Testified Against Abe

K

Johnny Neng-Leng

  • Leng wasn't involved in either of Abe's cases. He had a seperate first degree assault and attempted murder case for shooting a young hispanic male five times in the back. The Denver DA's office and ex-Denver prosecutor turned judge Martin Egeloff agreed to a 10-year plea agreement in exchange for heresay conversations between Neng and his fellow Asian gang members.

Chris Yancy

  • Granted immunity

  • Testified against Abe

K

The following were also given extraordinary deals but weren't required to testify.

Phetsophome Chantaphome

  • Was facing over 56 years

  • Received 19 years

Rovey Morm

  • 11 years

  • Was given deal and didn't have to testify because he gave contradicting statements to Denver DA's office and Denver police in recorded video

K

Jerome Hall

  • 10 years that ran with case already serving

  • Was not required to testify

K

Samnang Prim

  • 84 years in murder case

  • Refused to testify

M

Abraham Hagos

  • The Denver DA's office filed the death penalty against Abe, but were not able to convince the jury

MK