Debbie Stafford
Audio By Carbonatix
On March 18, five Community College of Aurora students planned to film a movie at a cabin in Bailey for a class assignment.
But the students say that a man, later identified as Jon Spencer, confronted them when one of the group’s cars got stuck in the snow on Stucke Road, in front of Spencer’s property. Malarie Stafford-Mustacchio, whose grandmother, former state legislator Debbie Stafford, owns the cabin just up the road, says that Spencer seemed intoxicated and wouldn’t listen when the students promised to leave as soon as they could.
Eventually, the students and Spencer ended up in a physical confrontation; three of the students were injured. Spencer was arrested the next day in connection with the incident and charged with two counts of assault and five counts of harassment. He’s pleading not guilty, according to his attorney
After several delays to a plea agreement between Spencer and the 11th District Court – the court and District Attorney Linda Stanley were busy with other, long-delayed trials (including one originating in 2019) – Judge Brian Green required the parties to set a trial date at a plea hearing on October 11.
“Last time we called this case, there was frustration voiced on behalf of at least one of the victims with the delay in this case making any progress,” Green said. “I was fairly adamant at that point that I wouldn’t keep kicking the can down the road. It sounds like the same thing I’ve heard over the last couple of appearances now. So I am willing to state that I’m a little frustrated with the lack of progress.”
Because the case required an extensive investigation that has just now been completed, Stanley said that she is still notifying the people involved. She’s currently working on arranging to speak to each student individually, with a victim advocate present, she noted.
In the meantime, the trial is set to begin on February 2; it will be a five-day jury trial. Ehren Penix, a partner in the Whitaker & Penix firm representing Spencer, said that the length of the trial was necessitated by the complicated nature of the situation. But Penix also noted that a resolution could be close, so the parties may negotiate a plea deal before the trial.
If that is the case, Green will decide whether to accept the agreement after hearing from all involved parties; the trial could then be canceled.
During the hearing, Stafford-Mustacchio, who’d previously raised concerns about the delay, said that pushing proceedings back again would make her feel like the court didn’t care about the case.
Green noted that while the court can move slowly, he wanted to show progress by setting a trial date. Motions are due November 30.
