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Colorado Injury Firm

The Gaiennie Law Offices Files Complaint Against Colorado Probation in the 21st Judicial District

Grand Junction, Colo., February 5, 2019 – The Gaiennie Law Office, Located in Denver, Colorado, has filed a complaint against Colorado Probation in the 21st Judicial District, Mesa County Pretrial Services, and multiple Mesa County Colorado probation officers for negligence and wrongful death for the killing of Curtis Littlepage. The lawsuit was filed on January 17, 2019 in Colorado District Court in Mesa County, Colorado.

The lawsuit was filed on behalf of Anita and Patrick Littlepage, parents of the deceased. Curtis Littlepage, a combat marine veteran and motorcycle enthusiast, was 35 when he was struck and killed by an intoxicated driver, 41-year old Kevin Clayton. Clayton, on probation for a deferred felony sentence, missed or failed 47 urine screens while under the supervision of Mesa County Probation. The Complaint can be found on the Grand Junction Daily Sentinel Website here.

Despite Clayton’s lengthy criminal history and obvious non-compliance with the terms of his probation, only two reports alluding to his drug use were filed into his case. Throughout his probation, Clayton tested positive for THC, Amphetamines, Opiates, and Oxycodone. On March 3, 2019, Clayton was involved in another hit-and-run accident. Probation filed no updates into his
case after the death of Curtis Littlepage. On December 17, 2018, Clayton was sentenced to 12 years of imprisonment for vehicular homicide resulting in the death of Curtis Littlepage. He is currently incarcerated in Colorado.

Mesa County Deputy District Attorney George Holley, in a scathing reproach of the local probation department, said at the December 17th sentencing hearing, “You have expectations when somebody is put on probation that those probationary sentences are going to be monitored and enforced … [n]obody held Mr. Clayton responsible during this timeframe.”

According to the suit, the “defendants failed to execute their most basic duties as law enforcement officers in Colorado.”

The Littlepages’ attorney, Breann Plasters, stated “This is perhaps some of the most egregious conduct by government employees I’ve ever encountered. Clayton posed a substantial risk to the public, and Mesa County Probation had at least 47 separate opportunities to prevent this tragedy. It appears that, for whatever reason, Mesa County Probation has an unwritten policy that they will to give great latitude to offenders already convicted of a felony. If this can happen at 6:00 PM in the middle of town, what’s next?”

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