Colorado lawmakers consider changes to penalties for extreme indifference murder in the state

State lawmakers are considering changing the penalties for crimes in Colorado involving extreme indifference.

The most common example of extreme indifference is a person who fires a gun into a crowd indiscriminately, creating a grave risk of death to others.

In Colorado, the punishment for creating a risk of death is the same as intentionally causing someone's death after deliberation.

Colorado is the only state where someone convicted of extreme indifference murder is sent to prison for life without parole.

"Colorado -- with regard to extreme indifference crimes -- is simply the most punitive in the nation," said James Karbach with the Colorado Office of the State Public Defender.

He says prosecutors often charge young people with extreme indifference murder because it carries the same sentence as first-degree murder, but they don't have to prove intent or deliberation.

"Juries often get confused over whether extreme indifference is a lesser included offense. They are not told that the consequence is the same," said state Rep. Cecilia Espenoza.

She and state Rep. Michael Carter have introduced legislation to realign the penalties.

Under their bill, offenders who kill more than one person, a child under 12, or a first responder, due to extreme indifference, would still face life without parole. But if they kill one person, due to extreme indifference, they would face 24-48 years in prison. And, if they attempt to kill someone with extreme indifference, they could serve 10 to 32 years in prison.

"Who's the bigger danger to public safety? The person who has intent to go after and kill one person or the person who cold bloodedly shoots across crowd with no difference with how many people they kill?" asks Jessica Dotter with the Colorado District Attorneys' Council.

She says the bill let's drive-by shooters off the hook if they happen to be a bad shot.

"Then the sentence should be proportionate to that mass cold-blooded violence, not based on the luck of whether or not the bullet struck two people or one person," Dotter said.

Karbach says mass shooters are almost always charged with first-degree murder.

"So we're talking about a very small number of almost always young people, sometimes non-shooters or not the person who pulled trigger or was most involved. Do they have to have life without parole?" he said. "It's always hard and emotional when we talk about the loss of life. But this is a carefully studied and crafted bill that adjusts penalties for a small number of people to possibly, theoretically give them a chance at release."

The bill does not change the first-degree murder charge or penalty, and it does allow prosecutors to stack charges in cases of extreme indifference so they could still effectively be life sentences.

It also increases penalties for vehicular homicides when drivers are under the influence, flee the scene, or commit another crime like speeding.

The bill passed the House Judiciary Committee 6-5 and will be debated on the floor next.