FREMONT COUNTY, Colo. - Documents obtained by the CALL7 Investigators show murder suspect Evan Ebel was supposed to serve his last sentence consecutively not concurrently, meaning he should still be prison.
Ebel is being investigated in the murders of part-time pizza delivery driver Nate Leon and Colorado Department of Corrections prison chief Tom Clements.
Ebel was released from prison in January.
However, Ebel served a four-year sentence for assaulting a prison guard "concurrently," which means at the same time he was in prison for other crimes.
Documents obtained by the CALL7 Investigators Monday show Ebel should have served that sentence consecutively or after he had finished serving his existing eight year sentence.
As to why the plea agreement wasn't followed -- that's still not clear.
A spokeswoman for the Colorado Department of Corrections said the agency was following orders on the paperwork given to them. In fact, the area on the paperwork detailing how the sentence should be served was blank.
At one point, Ebel asked the court to reconsider his sentence and reduce it from four years to three years. In paperwork filed in 2008, Ebel's attorney gave two grounds for the request:
- 1. "His father, Jack Ebel, a good man by all accounts, would appreciate the consideration given to his son."
- 2. "Maybe - just maybe- the court's showing of mercy to a very imperfect Mr. Ebel might impress upon him the fact that he too must show mercy to others as he navigates the channels of his life."
7NEWS has also learned the Department of Corrections issued an arrest warrant on March 20 -- the day after Colorado prison chief Tom Clements was shot to death at his Monument home but before Ebel was named a suspect in his murder.
Those warrants are often issued when a parolee gets out of his GPS monitoring bracelet.
Ebel was on intensive supervised parole which means not only electronic monitoring but also daily call-ins, a curfew and no driving or drinking alcohol.
Ebel, who was shot in the head during a gunfight in Texas on March 21 and pronounced dead the next day, had spent nearly eight years in four different Colorado prisons. Records show he had 28 disciplinary violations during his incarceration.
The violations included two fights, ten attempts to incite prison disruptions and three threats. The most serious threat was in 2005, when the report says Ebel told a female guard "he would kill her if he ever saw her on the streets, and that he would make her beg for her life."
Shell casings from Ebel's handgun in Texas matched the casings found at Clements' home, the El Paso County Sheriff's Office said.
Other evidence found in Ebel's crashed vehicle included Domino's Pizza clothes and an insulated Domino's pizza carrier that could link Ebel to the murder of Leon on March 17.