DA: Hit-And-Run Suspect Won't Face Felony Because Of Job
Prosecutors Want Suspect To Pay Restitution
Last Updated: 954 days ago
Prosecutors have dropped felony charges against a man accused in a hit-and-run because prosecutors don't want the man to lose his job as a financial manager.Martin Joel Erzinger, 52, is accused of hitting cyclist Dr. Steven Milo in July then speeding away. Milo was seriously injured.When Avon police found Erzinger a few miles away, he was putting a broken side mirror and a bumper in his trunk, according to court records obtained by the Summit Daily News. Erzinger told police he was unaware he had hit Milo.Erzinger works at Morgan Stanley Smith Barney in Denver. He manages more than $1 billion in assets as a director in private wealth management and would have to disclose any felony charge within 30 days, according to North American Securities Dealers regulations."Mr. Erzinger struck me, fled and left me for dead on the highway," Milo said in a letter to District Attorney Mark Hurlbert. "Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.""Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession, and that entered into (the decision)," Hurlbert told the newspaper. "When you're talking about restitution, you don't want to take away his ability to pay."7NEWS contacted Erzinger. He told 7NEWS reporter Dayle Cedars he could not comment and directed her to his attorney.Hurlbert told Cedars, "this had nothing to do with (Erzinger's) wealth."Hurlbert said Milo and his attorney Harold Haddon originally asked for a deferred felony judgment, which means Erzinger would plead to a felony charge, but if after two to four years, did not commit another crime, the charges would be wiped off his record.Hurlbert said he did not think that was appropriate. Instead he wants Erzinger to plead guilty to leaving the scene of an accident and careless driving resulting in serious bodily injury. While the charges are misdemeanors, Hurlbert said Erzinger faces up to one year in county jail, revocation of his driver's license and will be forced to pay restitution."This is more punitive than a deferred felony," said Hurlbert.Read more about the case in the Summit Daily News.