Most people know the story of the Resurrection. Jesus was hung on the cross and killed, buried in a tomb, and three days later he rose from the dead. Well, apparently one man felt he could help others who had passed rise from the dead on Easter, as well. To accomplish this, he allegedly damaged more than 30 headstones with the intent to make it easier for the dead to be resurrected. When police found him in his backyard, he had to be wrestled to the ground before being handcuffed. He is now facing charges of Criminal Mischief, Resisting Arrest, and Criminal Trespassing. Moral of the story: Jesus can handle his own resurrections.
What is Criminal Mischief in Fort Collins?
C.R.S. 18-4-501 – Criminal Mischief – is defined by Colorado law as:
In Fort Collins, Loveland, and Estes Park, Criminal Mischief can be charged as a felony or misdemeanor depending on the amount of damage the criminal episode caused:
| Class of Crime | Aggregate Damage of Property Harmed |
| Class 3 Misdemeanor Criminal Mischief | Less than $300 |
| Class 2 Misdemeanor Criminal Mischief | $300 to $749 |
| Class 1 Misdemeanor Criminal Mischief | $750 to $999 |
| Class 6 Felony Criminal Mischief | $1,000 to $4,999 |
| Class 5 Felony Criminal Mischief | $5,000 to $19,999 |
| Class 4 Felony Criminal Mischief | $20,000 to $99,999 |
| Class 3 Felony Criminal Mischief | $100,000 to $999,999 |
| Class 2 Felony Criminal Mischief | $1,000,000 or more |
Seeing as the man allegedly damaged 100-year-old gravestones that can likely not be replaced, he is probably facing a felony charge for this Criminal Mischief. Any damage over $1,000 would be a felony and with the exorbitant price of headstones, he likely caused several thousands of dollars worth of damage.
What is Resisting Arrest in Larimer County?
Colorado law defines C.R.S. 18-8-103 – Resisting Arrest – as:
(a) Using or threatening to use physical force or violence against the peace officer or another; or
(b) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.
As a class 2 misdemeanor in Larimer, Boulder, and Grand County, Resisting Arrest is punishable with imprisonment in the Larimer County Jail and fines. Because the man had to be wrestled down, meaning he was using physical force against the police officers trying to arrest him, he is charged with this misdemeanor crime.
What is 2nd Degree Criminal Trespass / Trespassing in Fort Collins?
C.R.S. 18-4-503 – Second Degree Criminal Trespass – is defined by Colorado law as:
(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.
The man from the story is being charged with 2nd Degree Trespassing because he allegedly entered and remained on the cemetery premises unlawfully. Most places, like cemeteries, have ‘No Trespassing’ signs posted, where they are making it clear anyone entering the property without permission is committing a crime. In order for this Trespass crime to be charged, he must have been in the cemetery after hours, when it was closed to the public.