Colorado STEM School Shooter Convicted of First-Degree Murder

(CN) --- After deliberating just half a day, a jury on Tuesday convicted a former STEM School student of first-degree murder in the 2019 mass shooting in Highlands Ranch, Colorado.

Jurors also convicted Devon Erickson, 20, of dozens of additional felony charges including conspiracy to commit first-degree murder, possession of a deadly weapon, providing a juvenile a handgun and arson.

The defense asked the jury to be polled individually to affirm their decision.  

On May 7, 2019, Erickson, then 18, and co-conspirator Alec McKinney broke open a gun safe belonging to Erickson's stepfather with an ax and stole four firearms. With a backpack and a guitar case, the two students carried the weapons into school and opened fire on a British literature class.

Seniors Kendrick Castillo, along with students Brendan Bialy and Joshua Jones charged Erickson, saving the lives of their classmates and teacher, many of whom testified during the trial. The attack left eight wounded and Castillo dead two weeks before he was due to graduate.

Through the proceedings, Erickson’s defense argued McKinney coerced their client to take part in the attack --- a point dismantled by the prosecution.

“To believe the defendant, you have to believe a couple of things: you have to believe Kendrick Castillo is responsible for his own death," said chief deputy District Attorney Geroge Brauchler in closing arguments. "You have to believe that if Kendrick Castillo didn’t charge [Erickson], if he and Josh Jones and Brendan Bialy had just sat in their chairs, then the defendant would have pointed the gun said, ‘Nobody fucking move,’ and then ‘Everybody run!’”

He added: “The truth is, there were supposed to be more deaths in this room. We were supposed to be in here talking about 25 dead.”

McKinney pleaded guilty to first-degree murder and attempted murder, among other charges, and was sentenced in July 2020 to life in prison plus 38 years. Because he was 16 years old at the time of the shooting, McKinney may be eligible for parole after 40 years.

Eighteenth Judicial District Judge Theresa Slade scheduled a sentencing hearing Sept. 17, after Brauchler requested a pre-sentencing investigation.

“I think the sentence the court will impose will be equivalent to eternity,” Brauchler said in court Tuesday. “I’ve been in public office long enough to see sentences we thought were locked in stone be overturned. Another governor could be elected in 10, 20 years and make changes without reading through the full trial transcript.”

With Governor Jared Polis signing of SB21-124 on April 26, the state changed “the penalty from a class 1 felony to a class 2 felony that is subject to crime of violence sentencing." Corresponding sentencing dropped from life in prison without parole to sentences of 16 to 48 years. The law takes effect Sept. 1.

Erickson faces a maximum sentence of life in prison without parole. Colorado repealed the death sentence in 2020.

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