A Timeline to Justice: A Chronology of Events in Marius's Legal Journey
- Jake Suffian
- Apr 28, 2024
- 8 min read
Updated: Feb 28
Since the day of the attack, we have been navigating the slow and agonizing legal journey in the pursuit of justice for Marius against his assailant, Derek Jordan. From the initial court hearings, where the bond was set frustratingly low, to a series of continuances that have significantly delayed progress, every step of this process highlights the complexity and challenges of our legal system.
Through this blog, I will illuminate the events that have unfolded, the barriers we've faced, and the unwavering support from our family and community as we fight for a proper resolution. Each date tells a piece of the story—one filled with setbacks, frustrations, and moments of hope. Follow this timeline to learn more about Marius's journey towards justice.
Note: Boulder County Justice Center will be referred to as "BCJC" throughout this timeline.
2023
September 23rd - Assault:
Derek Jordan brutally assaulted my brother, Marius Suffian, causing severe injuries, including a broken nose, nine stitches near his lower right eyelid, and a torn tear duct that required a stent. The charges were initially Assault 1- SBI (Serious Bodily Injury) with a Deadly Weapon, later escalated to a Class 2 Felony for First Degree Assault on an At- Risk Individual. This harrowing incident left Marius deeply traumatized.
September 25th - First Hearing on Advisement, Boulder County Jail:
During the initial court hearing following the attack, the District Attorney argued for a $75,000 secured bond without a cash option due to the severity of Marius's injuries and his vulnerability. The court, however, set a $50,000 secured bond with a $5,000 cash option, opening up the potential for Jordan to buy his way out.
September 27th - Second Hearing on Advisement, Boulder County Jail:
This second hearing served to file formal charges against Derek Jordan. The public defender also notified the District Attorney that they intended to readdress the bond on October 9th during the preliminary hearing.
October 9th - Preliminary Hearing (1st Attempt), BCJC:
Jordan remained in jail until this point. As noted earlier, this preliminary hearing was instead a second bond hearing at the defense’s request. The public defender argued that the $5,000 cash option was too high and that Jordan and his family couldn't afford even a $1,000 cash option to post bail. Despite this plea, the court maintained the original bond terms: $50,000 secured with a $5,000 cash option.
October 11th - Boulder County Jail:
Derek Jordan shockingly posted the $5,000 cash bail, securing his release.
The news of Jordan's release struck Marius with paralyzing fear. Around 8 p.m., when my mother informed him, he was so shaken that he immediately sought refuge at a neighbor’s home, desperate for comfort. After hours in the safety of his friend’s presence, Marius finally returned home to get some rest.
At 6 a.m. the following day, a scream pierced the quiet outside his window abruptly, waking Marius. Panic surged through Marius—he was sure Jordan was out there, hurting someone else. Terrified and in tears, he called me, his voice trembling with fear. I stayed on the phone, reassuring him until he finally felt safe enough to close his eyes and attempt to return to sleep.
October 16th - Marius Returns To Whole Foods:
After 23 days, Marius's recovery was far enough along that he felt ready to return to work at Whole Foods on Pearl Street, trying to regain a sense of normalcy despite the trauma. As he walked through the front door, the entire staff was there to greet and welcome him back. It was a joyous and tearful reunion for all.
October 20th - CBS News Story:
CBS News Colorado aired a story titled "Colorado man with special needs speaks out after being beaten with a stick," sharing Marius's account of the brutal attack and its impact.
October 25th - CBS News Story and Community Escort:
To provide Marius with a feeling of security after Jordan's release, Boulder Police officers and community members escorted him home from work. CBS News Colorado covered the story, highlighting the community's solidarity.
November 16th - Preliminary Hearing (Second Attempt), BCJC:
Jordan arrived late, casually sauntering into the courtroom, and calmly chatted with the public defender. Jordan then filled out his application for a public defender right there in the courtroom, even though this should have been completed weeks earlier. This action aided his delay tactic, allowing the defense to request a continuance due to insufficient preparation, which Judge Brodsky granted.
December 11th - Preliminary Hearing (Third Attempt), Boulder County Justice Center:
The third preliminary hearing was canceled due to the public defender's illness, again delaying justice.
2024
January 11th - Preliminary Hearing (Fourth Attempt), BCJC:
The hearing was postponed when Derek Jordan was admitted to a 72- hour involuntary mental health hold the night before. The judge had no choice but to grant another continuance.
February 5th - Preliminary Hearing (Fifth Attempt), BCJC:
Finally, the preliminary hearing proceeded despite Jordan arriving late and the defense's failed attempt to remove Marius and us supporters from the courtroom. Detective Scott Byers testified about the attack, revealing that Jordan had attacked Marius in a stabbing motion with a stick. The defense attempted to justify Jordan's actions with an insanity defense, but Judge Elizabeth Brodsky found probable cause to proceed to the arraignment phase. Seeing Jordan in person and hearing the testimony left Marius deeply upset.
March 1st - Arraignment (First Attempt), BCJC:
The defense requested a continuance to gather more information prior to the scheduled court date. After discussing the matter with District Attorney Christian Gardner-Wood, who remarked, "I have never seen a judge not grant at least one continuance of the arraignment, even in cases such as this that have been significantly delayed at the preliminary hearing stage," I agreed to an Administrative Continuance to save everyone from making a pointless trip to the courthouse.
May 10th - Arraignment (Second Attempt), BCJC:
The new judge presiding over the case, Nancy W. Salomone, the 20th Judicial District Judge who replaced Boulder County Judge Elizabeth Brodsky, called the case. The defense attorney, Michelle Graessle, who spoke through Webex, claimed she needed more time to pull Derek Jordan's medical records despite having over two months to do so. She argued that the severity of Jordan's charges warranted additional time.
At my request, District Attorney Christian Gardner- Wood called me to the podium to speak to Judge Salomone. I addressed the judge on behalf of Marius and vehemently objected to the defense's request for a continuance. I explained:
I've pulled medical records numerous times for my 88- year- old father, who now lives in a nursing home, and none of these requests took longer than three weeks. Additionally, given our father's advanced age and uncertain lifespan, his passing would add another layer of pain for Marius.
When Marius and I were preparing our speeches for a House Judiciary Committee hearing at the state capitol, I asked Marius to imagine speaking to a room full of allies. His response? "Oh, you mean people who want to help me get rid of this pain I have inside?" highlighting his ongoing anguish.
The defense has repeatedly requested continuances, each causing Marius significant distress. Granting another continuance, after I approved an administrative continuance previously for everyone's convenience, would continue to imprison my brother in fear. In contrast, Derek Jordan continues to live his life as usual.
My objections prompted Judge Salomone to review the history of our case more closely. Although she acknowledged my frustrations, she still granted the continuance on procedural grounds but required that the defendant enter a plea at the next arraignment hearing.
July 12th - Arraignment (Third Attempt), BCJC:
Following Judge Nancy W. Salomone's May 10th order, Derek Jordan was required to enter a plea at this arraignment. As anticipated, he pleaded Not Guilty by Reason of Insanity (NGRI). After the plea was entered, Judge Salomone read the "Advisement on Plea of Not Guilty by Reason of Insanity," providing a comprehensive explanation of the legal requirements, the mandatory psychiatric evaluations, and the significant consequences associated with this plea, including the potential commitment to a state facility if found not guilty by reason of insanity.
Summary of the "Advisement on Plea of Not Guilty by Reason of Insanity":
Definition of Insanity: The "Advisement on Plea of Not Guilty by Reason of Insanity" defines the legal standards for insanity, specifying that it involves either an inability to distinguish right from wrong at the time of the crime or an inability to form the required intent due to a mental defect. This applies directly to Jordan’s plea.
Mental Condition at Issue: By entering a plea of not guilty by reason of insanity, Jordan places the mental condition at issue, triggering a court- ordered psychiatric evaluation to assess the mental state and competency to proceed.
Court- Ordered Examination: The advisement details that upon Jordan entering the plea, the court will order a psychiatric examination, the results of which will be shared with both the defense and prosecution.
Right to Independent Evaluation: The advisement grants Jordan the right to an independent psychiatric evaluation at personal expense, with the requirement that the findings be shared with the prosecution before the trial.
Waiver of Confidentiality: By entering this plea, Jordan waives certain confidentiality privileges, allowing communication between the examiner and Jordan, as well as between the Public Defender and Jordan, to be disclosed.
Cooperation Requirement: The advisement emphasizes the need for full cooperation with the state’s examination, warning that failure to cooperate may result in the exclusion of expert testimony regarding the mental condition.
Use of Narcoanalytic Drugs and Polygraph: The advisement includes that narcoanalytic drugs and polygraph tests may be used during Jordan’s examination, and the results can be introduced in court.
Recording Requirement: For class 2 felony cases, the advisement requires that the psychiatric examination be audio and video recorded.
Privilege Against Self- Incrimination: The advisement allows the invocation of the privilege against self- incrimination during the examination but notes that this could be interpreted as non- cooperation, which may be used against Jordan in court.
Waiver of Further Privileges: The advisement explains that Jordan’s plea waives any privilege preventing disclosure of previous and subsequent mental health treatments to the prosecution.
Right to a Trial: The advisement confirms that Jordan retains the right to a trial by jury or judge on both the insanity defense and the issue of guilt or innocence.
Burden of Proof: The advisement states that while the presumption of sanity exists, once insanity is raised, the prosecution bears the burden of proving sanity beyond a reasonable doubt.
Admissibility of Examination Evidence: The advisement clarifies that evidence obtained during the court- ordered examination is only admissible in relation to the insanity defense, not to prove the crime itself unless it relates to the ability to form intent.
Use of Examination Evidence: If Jordan introduces evidence of a mental condition, the prosecution may use the court- ordered examination findings to challenge that evidence.
Commitment if Found Insane: The advisement explains that if found not guilty by reason of insanity, Jordan will be committed to the Department of Human Services for psychiatric treatment until deemed safe for release.
Release Procedure: The advisement details the process for release if Jordan is no longer considered a danger, including the possibility of a hearing if the prosecution disagrees with the decision to release. The Full version of the "Advisement on Plea of Not Guilty by Reason of Insanity."
October 8th - CMHHIP Extension Request
Katie Ashburner, Victim Specialist, notified me that the Colorado Mental Health Hospital in Pueblo (CMHHIP) requested an extension until May 2025 to complete Derek Jordan’s evaluation. The court rejected this request, granting a shorter extension only until January 2025. While this order aims to expedite the process, there is no guarantee CMHHIP will meet the January deadline. Consequently, the previously scheduled November 1st court date has been canceled, and no new court date has been set at this time.
November 4th - Katie Ashburner Steps Down from Victim Specialist Role
Katie Ashburner, our Victim Specialist since the start of our legal journey, has accepted a new position. Her support has been invaluable, and her advocacy will be greatly missed. Lindsey Bravdica, her former supervisor and Victim Witness Director, will step in to take on her role.
November 12th - Derek Jordan's Mental Evaluation Review Hearing is scheduled for January 31, 2025, at 8:15 a.m. in Courtroom P at 1777 Sixth Street, Boulder, CO 80302.
2025
January 30th - Judge Grants Continuance Following Evaluation Delay
The state hospital has notified the court that they cannot complete Derek Jordan’s mental evaluation by the original deadline of January 31, 2025. As a result, the judge has granted a continuance, with a new court date to be set after the hospital submits the evaluation, which they have committed to completing by February 28, 2025.