After the brutal attack on Marius on September 23, 2023, Derek Jordan was initially charged with two counts of assault.
Breaking Down the Initial Charges
Assault 1- SBI with a Deadly Weapon This charge is for first- degree assault, which is the most severe level of assault in Colorado law. "SBI" stands for "Serious Bodily Injury," meaning Jordan used a deadly weapon—in this case, a stick—to inflict significant physical harm intentionally. A first- degree assault charge requires the attacker to have a clear intention to cause severe injury.
Assault at- Risk- 1st Deg- SBI with a Deadly Weapon This charge is another form of first- degree assault but highlights that Marius is an "at- risk" individual because he has special needs, including muscular dystrophy and cognitive impairment. This designation increases the severity of the crime because the law recognizes that at- risk individuals need additional protection from those who might prey on them.
Escalation to Class 2 Felony
After further reviewing the evidence, the District Attorney decided to escalate the charges to a single, more serious offense: Class 2 Felony for 1st Degree Assault on an At- Risk Individual – A Crime of Violence. The typical sentence for this charge ranges from 16 to 48 years of imprisonment.
Breaking Down the Updated Charge
Class 2 Felony – This is one of the most severe felony classes in Colorado, second only to a Class 1 felony. Class 1 felonies include severe crimes like first- degree murder (intentional and premeditated killing of another person), felony murder (a death that occurs during the commission of another felony), and kidnapping, where the victim does not survive. In comparison, Class 2 felonies encompass crimes such as second-degree murder (intentional killing that was not premeditated or planned), sexual assault on a child, and human trafficking for sexual servitude.
1st Degree Assault on an At- Risk Individual – This designation means that Jordan caused significant harm to Marius, who is considered at risk due to his disabilities. The law recognizes the special need to protect people like my brother.
Crime of Violence – This label mandates even harsher sentencing because the crime involved violent intent. Colorado law requires that anyone convicted of a violent crime must serve a minimum of 70% of their sentence before they can even be considered for parole.
Reasons for Escalating the Charges
Severity and Intent – The attack involved a deadly weapon and caused severe injury, which shows Jordan's violent intent.
Victim's Vulnerability – Marius's disabilities make him an at- risk individual, and the law recognizes that crimes against such individuals are even more reprehensible.
Public Safety – By escalating the charges, the DA ensures that the justice system delivers a punishment that fits the crime and serves as a deterrent against similar attacks on other vulnerable individuals.
In conclusion, given the severity of the attack, I believe that the escalation to a Class 2 felony charge is appropriate. Marius deserves protection and dignity, and this charge is crucial to ensuring that Derek Jordan is held fully accountable for his actions. I hope that by understanding what these charges mean, you'll join me in advocating for Marius's justice and the safety of all at- risk individuals.