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But Arapahoe County DA Chambers is not so reticent. "I have had some questions about that case based on just a cursory review when the attorney who tried the case left the office, and some time ago asked our attorneys to take a good long look at the facts, resolution and fairness of the whole situation," she noted in an e-mail to Westword. In a follow-up e-mail, she added, "I am concerned about the case on a couple of levels and want to make sure we have all the information we can get to review it thoroughly."

In March, an Arapahoe County judge scheduled Alan Sudduth's new trial for July 19. But because the DA's office is now fighting Levi's ruling in the Court of Appeals, and the losing party will no doubt take the matter to the Supreme Court, Sudduth's trial could be postponed for several years — if it happens at all.

Sudduth tries to remain optimistic. Last year, after his little brother got out of prison for a probation violation, he quoted from the book The 33 Strategies of War in a letter to him: "You are judged in this world by how well you bring things to an end.... It is not a question of simply winning the war, but the way you win it, the way your victory sets you up for the next round."

To win this war, Sudduth knows that he'll finally have to do the thing he's been fighting against: admit to what happened the night Myers was killed.

"Pointing your finger at somebody else's actions is forbidden," he says, fidgeting in his seat in the visiting room. "I'll probably insult my own mother before I would tell on somebody. This is how I was raised. I'll probably die like this."

It doesn't matter that Reed has already confessed to the crime. Or that Michael Asberry was shot to death in Aurora in 2008 — which Sudduth compares to "your favorite TV show going off the air and not coming back on, like Superman dying."

None of that makes a difference. Sudduth still doesn't want to tell. Maybe he just doesn't want to do it while in prison, where snitching is more taboo than anywhere. Or maybe, as Ruttenberg suggests, his motive goes deeper. "I almost think he's afraid to lose the last shred of who he is," she says.

Or maybe it's that Sudduth believes that somehow his silence saved his life. He has no illusions about how he would have turned out if he hadn't been locked away when he was sixteen. "With the direction I was going and the way I looked up to Michael and my older brother," he admits, "I probably would have been dead or really earned a life sentence."

Still, when he returns to court in the coming months or years, he knows he'll have to break his rule if he wants to cross from this world inside to the world out there. It's like the five phrases he has tattooed across his chest. First there's "My death," representing the day he was charged with murder. Then there's "My viewing," signifying his plea bargain. "My burial" refers to his prison sentence, while "My resurrection" represents the day he won a new trial.

And then the last step, the one he's still waiting for: "My ascension."

To learn about Colorado's direct-file system for juvenile offenders and how it may have jeopardized Alan Sudduth's case, go to the Latest Word blog atwestword.com. Contact the author at joel.warner@westword.com.

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  • Kim Myers 03/16/2011 2:55:00 PM

    3/16/2011 The murdered man in this article, Finley Bradshaw Myers, is my Uncle. We called him Brad. He is practically a footnote. The article focuses on the plight of his murderers. Let me just point out to the readers that you cannot believe everything you read. There are numerous inaccuracies. I am not going to waste my time arguing them point by point because the court already took care of that when they shot down this appeal in October. These young men clearly wanted to be tough, to come off like gangsters. They will need to live with the consequences of such a choice. I resent that they are painted as having some kind of "street honor." I am frankly surprised that anyone would believe their story. They showed me all I need to know about their character when they put a bullet in my uncle's head. They have no honor. I don't give credence to words spoken by people with no honor. If they are truly remorseful, they will serve the time and give the Myers family the one comfort that we deserve--- serving their full sentence imposed by the court.. I just see people shifting blame. That is not remorse. Brad has no appeal. Brad cannot speak. Brad cannot meet my husband or my children.... so I am not really concerned with any inequity these criminals feel they have suffered. The article states it was a "very defendable case." It is a sad world when people find shooting an unarmed man sitting in a car doing his job a "very defendable case" for the defense team. Sad. So here are a few things about my Uncle Brad that no one bothered to represent here. His mother is alive at 92 and misses her son terribly. Five years after Brad's murder, his father died. Brad was a gifted athlete. He loved Jack Kerouac. He could make anyone laugh, from a 2 year old to a 90 year old. He once worked in Alaska and took a helicopter to work. He taught art to inner city kids in Miami. He was a painter. He was a musician. He was a writer working on a book when he was shot. He had already completed a book of poetry. He once owned his own landscaping business in Florida. He had switched shifts with a single father of 3 children on the day he was shot. He participated in the Iron Man. He was one of the most charming, insightful. funny people I have ever known but I never get to see him again. I adored him. He died when I was 22 years old. He was 44. I am 39 now. To the writer and editor involved in this, going forward, please check your facts. Also, please be wary of how you paint the subjects of your stories. They do not have honor. They are not the victims. I hope you never have anyone on your family shot in the head. It was a grave insult to read this article.

  • Jackierand 03/15/2011 8:13:00 PM

    3/15/2011: This article just came to my attention today. As Brad's Myers older brother I intend to take whatever action is necessary to ensure that Alan Sudduth and Nicholas Reed serve every minute of their court imposed sentences. Brad's death broke our Father's heart. He never fully recovered from his youngest Son's senseless murder. Brad is still survived by his Mother, two brothers, a Sister, three nieces, two nephews, and ten grand nephews and nieces...all of whom have been ruthlessly deprived of Brad,s wit, charm and friendly, good-natured mannerisms. He was a contributor and a positive force in many peoples lives. He loved people and he loved life. It does not matter, in the slightest, whether it was Sudduth or Reed who actually "pulled the trigger". When a cold-blooded murder, in the first degree, is commented in the commission of a felony crime, all parties involved are equally guilty. The District Attorny's Office prosecuted this heinous crime correctly and well. Let's not forget who the REAL victims are here. The outcome was just and fair, most of all to THE MYERS FAMILY! As long as Brad's (and my) Mother is alive (and she is a very healthy 92 year old), I will urge and fight for the continued incarceration of Alan Sudduth and Nicholas Reed.

  • paula rodriguez 12/04/2010 5:30:00 AM

    i would like to say to all the rude dumb fucks that have nothing good to say about the case get a life. everyone that has made meaningless comments about this MAN has no brains. why should Alan have to say word for word what happened if he didn't do it.if the DA did their job right they would see that he did not pull the trigger. that's where it all comes down to. now just because you seen something and didn't say what they wanted to hear. that means your guilty. if you didn't do it you didn't do it. i my self am going through some stuff with being falsely accused and it sucks. if you could stand here 15 years later and you could still say you didn't do it then i think he should get another chance. i bet all these negative comments come from people that can not relate. so WHY even put your two sense in. because your focused on the gang thing find more evidence then that. i will never put my life in the hands of a public pretender!

  • Bruce Fink 10/10/2010 7:16:00 AM

    Way to go lawyers! Please put this killer back on the steets to kill yet again. Brad Meyers may have opposed the death penalty, one thing is for certain, you cant ask him.

  • Tina Roberts 06/06/2010 8:54:00 AM

    I posted my first comment before reading the others. Now I am heated. Do you people not know how to read???? What about the little white girls (I'm white by the way) that took their parents car and went looking for fun?? Did you not understand knowone planned a murder that night. Yes it happened, it never should have. Yes a life was taken and someone needed to be held responsible, but look at the plea deals, look at what people were charged with. So many times in court people are faced with take this plea or we will put you away many years. So what would you do? Sometimes I wish many of you who have never experienced this will have to just once. Your ignorance to how our system really works would change very quickly. Our state and country need to wake up and take a look at what is going on. NONE of it is justice.

  • Tina Roberts 06/06/2010 8:27:00 AM

    I hope and will be praying real justice comes soon for him. Our sentencing juveniles to adult prisons is insane to begin with. So much is wrong in this system. As for Mr. Knight... What's wrong with this picture????? What a waste.

  • Snitchesgetstichesgetstaintban 05/12/2010 11:58:00 PM

    And I bet everyone defending this dumbshit waste is black. Hahah. How about that? How about this: in your cute little scenario about one of my family members going down for something they didn't commit....I can guarantee you none of my family members would be so fucking ghetto stupid to subscribe to "no snitch" mentality. How about that.

  • keith 05/11/2010 5:48:00 PM

    These guys are a disgrace to "PEOPLE" Everywhere! Not just black,or white,or brown... but to EVERYBODY EVERYWHERE!!! That they would plan a crime,and ultimately carry out a murder;but NOW even after being caught not even have the decency to OWN up to their bad actions - but to enact this ghetto fabulous code of "Don't Snitch?" WTF is that lame azz stupidity? Guilt by association* I hope he and people like him stay in prison for good - so that they can all violate and kill each other and "not snitch". Leave the rest of society out of their foolish chaos!

  • smitches get stiches 05/06/2010 4:29:00 AM

    I bet all the comments on here are from white people. hahah. Just because you heard the name Asberry and gang member you want to turn away from someone that needs help and can not help the uneducated way that he was raised. well, guess what, when one of your loved ones goes down for a crime that they did not committ, make sure you put it on here how sad you are and how much remorse you feel others should have. that way i can tell you to go to hell and maybe if you wasnt raised as a white person that wouldn't have happened. then you can rot in hell with all the other young gangsters. how about that.

  • catpruitt@hotmail.com 04/30/2010 6:26:00 PM

    What part of innocent do you guys not get? If he did not commit this crime then he should not pay for this crime.. However if he committed a different crime then he should be tried for that crime and whatever “time” they give him,,, They would then deduct for time served and he will need to serve the balance. If there is any balance.. But we should not punish someone for a crime they DID NOT DO!! Good grief, what has this world come to? Would you want your child punished for murder when he/she only witnessed a murder? It doesn’t matter what side of the track you are from, you should only be punished for the crime you actually committed!!

  • Chris 04/29/2010 5:45:00 AM

    Oh, and Westword, I'll be expecting an article detailing the innocent cab driver's life and what was taken from him and his family.

  • chris 04/29/2010 5:42:00 AM

    " "I'll probably insult my own mother before I would tell on somebody. This is how I was raised. I'll probably die like this." Then you deserve to fucking die in prison like the lowly and cowardly scum you are. Mary Ellen- "and yet all anyone can focus on is the fact that he was involved in gangs and up to no good. So he deserves to die in prison?" The source of people's outrage is largely due to this warped machismo attitude of no snitching that continues to contribute to the genocide and destruction in the black community.

  • Michael 04/29/2010 1:38:00 AM

    It is hard to feel sorry for these kids, until you realize that, there but for the grace of God, go all of us. Kids raised in abusive homes, or by absent drug abusing parents, have no grasp on reality. Should they be locked away for life, because their parents failed them? Punishment and rehabilitation, yes. Blind vengeance with a racial twist, no.

  • Kev 04/28/2010 7:08:00 PM

    Cut his head off and stick it on a pike for other stupid teenage Gang bangers to see what happens to them when they do wrong.

  • Thomas 04/28/2010 3:25:00 PM

    Boo-hoo-hoo! Another, I was a poor black child sob story. A lot of these poor "kids" would come in your home at night and slit your childrens throats for twenty bucks. At the very least I am sure they would be in LODO Saturday nights beating up a bunch of naive, cowardly yuppies. The only sympathy I have is for the victim. If you're stupid enough to be in a gang then you deserve what you get. Let him rot in silence. I support 100% Direct file and any other measure that will get these parasites away from society for eternity.

  • Seth Ford 04/27/2010 6:41:00 PM

    This is, by far, the best article I have ever seen on the consequences of direct file. Joel Warner shows beyond a shadow of a doubt how, for District Attorneys, politics trump innocence every time. Between 1993 and 2006 there were approximately 50 juveniles sentenced to life without parole. District Attorneys around Colorado used direct file to bypass judges and try kids as adults. Kids aren’t mature enough to make adult decisions in the heat of the moment. That’s why we don’t let people under 18 vote, sign contracts, or serve on a jury. We won’t even let people under 18 serve in combat. DAs continue to use the practice of direct file to mete out cruel and unusual punishments to kids. Punishing kids for political gain is wrong. Kids like Alan Sudduth who were sentenced to unfair prison terms and rehabilitated should be released. It’s time to tell state legislators to end direct file, let judges do their jobs and make sure that justice, not vengeance, is served. Please visit www.StopDirectFile.org to learn more about the draconian practices that have put dozens of kids behind bars.

  • Joseph Prebish 04/26/2010 12:00:00 AM

    Bummer, I stole stuff and never got in too much trouble.

  • Michael 04/25/2010 12:32:00 AM

    So I guess we are supposed to feel sorry for this kid because he was taught "not to snitch." Pass.

  • Mary Ellen Johnson 04/24/2010 5:21:00 PM

    By now I guess I shouldn't be shocked by the lack of empathy for a wrongly convicted juvenile. Alan Sudduth is innocent of the crime of murder and robbery -- and yet all anyone can focus on is the fact that he was involved in gangs and up to no good. So he deserves to die in prison? (Because mark my words, if Alan's case is not overturned, he will NEVER be granted parole.) No e-mailer focused on prosecutors who over-charged on the flimsiest of evidence, police who cajoled a scared adolescent to rat on his innocent friend, overworked and under-prepared defense attorneys, and a court system that really, really doesn't follow the law. (Ignoring a ruling for a decade? Really!!!!!!!) Let's hope that all of you who believe the scare stories in the media and ridiculous crime shows that trumpet our invincibly perfect criminal justice system never get caught up in it like Alan Sudduth. You will find that, unless you are rich and powerful, America's justice system is a sick joke. And the joke will be on you.

  • Reggie 04/24/2010 8:12:00 AM

    The cab driver was nice enough to pick them up in the first place and now he's dead. He doesn't want to be a snitch and thinks he's being strong? He has that backwards- He won't defend himself because he's weak. He also has it backwards again-- He's not the victim of the system or his upbringing. The real victim is dead.

  • derwent 04/24/2010 4:51:00 AM

    This article was written with the complete wrong feel. A gang of youths killed an innocent cab driver? Are we meant to feel sorry for them? And lets not play dumb here, Nicholas was not trying to impress the girls with the gun, he planned to kill someone from the beginning of the night, and the others knew it aswell. kids make mistakes, but killing someone is far more then a mistake.

  • Web 04/24/2010 1:26:00 AM

    All Gang members are just want-to-be DICK-HEADS!!!! Let the ass-wipe rot in hell. That will save the lives of others!!!!!!1

  • Evenifithurts 04/24/2010 12:52:00 AM

    No snitching huh ? Stay in jail where you and that other idiot belong. You have no value to society, and will only use resources better suited to a more deserving person.

  • Singer 04/23/2010 11:45:00 PM

    And this guy is innocent because? All four of them planned on not paying the cab ride, they dropped off the girls so they wouldn't have to run as well. It was all planned. That is a crime. While carrying out this planned crime, Alan hands the gun to his partner in crime, who walks around the taxi from the right passenger side, puts a gun to the taxi drivers head and blows him away. Probably the cabbie thought the kid was coming around to pay his fare. Maybe the cabbie was demanding payment; we'll never know since this incredibly ethical Alan, will not speak: still obeying his murderous street gangster rules. What an upstanding young man not to rat out a murderer! We should make a hero out of him and teach all our children to cover-up on theft and murder.

  • Chuck 04/23/2010 10:29:00 PM

    I feel for this guy and while he sentence should not be life, he is not a good person. That said, out system really sucks. What you get in the way of punishment differs greatly based on your lawyer, the judge and the prosecutor. In regards to you "innocent little brother", you said he served 1 year for assault with a deadly weapon. That doesn't seem so innocent nor does 1 year seem like enough. Just having a gun on you in N.Y. gets you 2 years.

  • Jim 04/23/2010 10:19:00 PM

    Hard to feel much sympathy. Him and his friend were planning some variety of armed robbery. He held the gun during the ride, then gave it to his friend who shot Myers. Then he hid the gun after the murder. He confessed to the murder, and pled guilty in court. And by his own admission if he had not been in jail, he believes he would have actually killed people. This article seems to lay some blame at the public defenders feet, but they weren't the ones in the cab.

  • Milyene 04/23/2010 10:15:00 PM

    Wow. This article really hit home. My innocent little brother was in a similar situation with his public defenders not doing their job right. Luckily for my family, we noticed their neglect to the case, and sacrificed a lot to afford and hire our own attorney. He served a year and is now out on parole instead of being in jail for 20 years for assault with a deadly weapon. The system does suck. I didn't realize it until I was involved in the process as a witness to the case. I pray for all the innocent people behind bars - who did not speak out, or were advised incorrectly.

 
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