DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address Boulder County Justice Center 1777 Sixth St Boulder, Colorado

80302 (303) 441 3750 Court Phone PEOPLE OF THE STATE OF-COLORADO
VS.

FREDERICK LAWRENCE ALLEN, Defendant Katharina Booth, #30087 Attorney Name: Chief Deputy District Attorney. Boulder County Justice Center 1777 Sixth St Boulder, CO 80302 Attorney Phone: (303) 441-3781 (303) 441-4703 Attorney Fax kbooth@bouldercounty.org Attorney E-Mail

COURT USE ONLY Case No: 12CR228 Division: 6

SUPERSEDING TWENTIETH JUDICIAL DISTRICT GRAND JURY INDICTMENT

COUNT ONE:

SEXUAL ASSAULT (INCAPABLE OF APPRAISING NATURE OF CONDUCT! SERIOUS BODILY INJURY), C.R.S. 18-3402(1)(b), (5)(a)(11) (CLASS 2 FELONY) SEXUAL ASSAULT (INCAPABLE OF APPRAISING NATURE OF CONDUCT! ARMED WITH DEADLY WEAPON), C.R.S. 18-3-402(l)(b), (5)(a)(III) (CLASS 2 FELONY) SEXUAL ASSAULT (PHYSICALLY HELPLESS VICTIM! SERIOUS BODILY INJURY), C.R.S. 18-3-402(1)(h), (5)(a)(II) (CLASS 2 FELONY) SEXUAL ASSAULT (PHYSICALLY HELPLESS VICTIM! ARMED WITH DEADLY WEAPON), C.R.S. 18-3-402(l)(h), (5)(a)(III) (CLASS 2 FELONY) SEXUAL ASSAULT (PHYSICALLY HELPLESS VICTIM! ACTOR IMPAIRED VICTIMS POWER TO APPRAISE CONDUCT), C.R.S. 18-3-402(1)(h), (3.5)(d) (CLASS 3 FELONY) ASSAULT - FIRST DEGREE -DEADLY WEAPON, C.R.S. 18-3 202(1)(a) (CLASS 3 FELONY)

COUNT TWO

COUNT THREE:

COUNT FOUR:

COUNT FIVE

COUNT SIX:

commission of sexual assault, and the victim, who was not a participant in the crime, sufrd serious bodily injury; in violation of section 18-3-203(1)(b),(2)(b.5), C.R.S. COUNT EIGHT That, on or about February 22 to February 23, 2011 in, or triable in, the County of Boulder, State of Colorado, FREDERICK LAWRENCE ALLEN, alk/a Rick Allen, unlawfully, feloniously, and for a purpose other than lawful medical or therapeutic treatment, intentionally caused stupor, unconsciousness, or other physical or mental impairment or injury to by administering to the victim, without her consent, a drug, substance, or preparation capable of producing the intended harm; in violation of section 18-3-203(l)(e), C.R.S. COUNT NINE That, on or about February 22 to February23, 2011 in, or triable in, the County of Boulder, State of Colorado, FREDERICK LAWRENCE ALLEN, alk/a Rick Allen, believing that an official proceeding was pending or about to be instituted, and acting without legal right or authority, unlawfully and feloniously destroyed, mutilated, concealed, removed, or altered physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; in violation of section 18-8-610(1 )(a), C .R.S. The offenses charged in counts one through nine of the indictment were committed in the following manner: 1 On the evening of February 22, 2011 Frederick Lawrence Allen visited the Sundown Saloon in Boulder. also visited the Sundown Saloon Ms 2 On that same night, visited the Sundown Saloon with friends prior to this occasion, but they had not 3. Mr. Allen was acquainted with Ms. had significant conversations prior to this night. sat and visited with one another at the Sundown Saloon 4. Mr. Allen and until closing time in the early morning hours of February 23, 2011

lived near home Ms At that time, Mr. Allen offered to walk Ms the Sundown Saloon, at , in Boulder, Colorado with two roommates. One roommate was out of town on a vacation The other roommate was asleep at the time Ms and Mr. Allen returned to Ms apartment and Mr. roommate, woke up when Ms , door, and asked if opened Ms Allen entered the apartment Ms went back to sleep, placed in earplugs, and turned on she was at home. Ms. music in order not to be awoken again

awoke to go to a dentist appointment She noticed a pair 7 In the morning, Ms of mens dress shoes. She also heard someone using one of the bathrooms in the apartment. returned to the apartment around 1.00 in the afternoon on the 23rd and 8 Ms 3 door, found that the shoes were no longer there. She went up to Ms. knocked, and tried to open the door. The door was locked, but she could hear breathing inside the bedroom which she described as wheezy took a nap, then left for the afternoon Later in the night Ms 9 Ms mentioned who works at the Sundown Saloon, went to dinner with a friend, the night before at the Sundown Saloon where he was that he had seen working. returned to the apartment around 10:00 p.m. on February 23, and soon 10 Ms She knocked on the door and, after receiving no decided to check on response, walked in. The bedroom door was now unlocked. room as a mess, with a picture knocked off observed 11 Inside, Ms naked, covered with one blanket or bed sheet, but did the wall. She observed feet were hanging off the bed, and she not see any other sheets or bedding was of a "sideways" orientation. She was lying face-down. had likely vomited lelt sweaty, and that observed that 12 Ms eyes rolling to the back, opening and closing When She further observed did not respond to Ms open, however, the eyes were totally unfocused questions 13 After calling a friend, Ms called 9-1-1

, responded to Boulder Community Hospital mother, 14 Ms in a "catatonic" would be there. She observed when she found out state. All four of her limbs were rigid, and her legs drawn up. Her eyes were open, but darting back and forth. blood sugar levels were dangerously low. A 15 Doctors determined that Ms field test revealed that her blood sugar level had reached 34 milligrams per deciliter for glucose level Accordingly, Ms suffered from severe hypoglycemia with encephalopathy. Most likely, this occurred due to an insulin injection, which would occur either as an intravenous or subcutaneous injection 16 Rick Allen is a type one diabetic 17 February 2011 suffered serious bodily injury from the hypoglycemia she endured in

18 A Sex Assault Nurse Examiner observed an abrasion to Ms right ankle, also had bright and bruises on her left thigh, left knee and both ankles. Ms. "fire engine red" appearance on the 5 oclock to 8 oclock area of her vaginal was largely unresponsive during the exam, upon opening. Although Ms. the application of a dye to the area, Ms. appeared to react to pain from the application. The injuries the SANE examiner observed were consistent with a female being on her back during an assault, though injuries can also occur during consensual sexual interaction. 19 When investigators searched had been spread over various items in Ms. computer, and in one of the bathrooms. Ms. the apartment. , they nhserved a white substance that room, Ms. also observed this substance at

20. A note was left, which read, "I will wash your sheets for you love, see ya Saturday!! " at the Sundown Saloon 21. In an interview, Mr. Allen described meeting Ms. on the evening of February 22. He informed investigators that he had walked home have at least three drinks that were with her that night. He observed Ms. "vodkaish." "got a little intimate 22 At the apartment, Mr. Allen described, he and Ms vagina until Mr. Allen eventually admitted to penile penetration of Ms she started to get sick. Mr. Allen described later leaving, and offering to clean Ms. bedding However, he said, when he passed a dumpster, he decided to throw the bedding away instead 23 Mr. Allen indicated that he could not have spent more than a few hours at the apartment and left around 4:00 a.m., but could have possibly been around 6:00 a.m. He stated that it was getting light at the time he left 24. Mr. Allen indicated he was not certain whether he had his diabetic medicine with him that night, but he confirmed that he takes insulin through a regular syringe. Later, he confirmed that he usually would have his insulin kit with him if he were going to "go out" 25 He explained that he took a cab home from a cab stand at 11th and Pearl at that time

26 Mr Allens phone records indicate a call to Yellow Cab at 12:32 p.m. on February 23, but no contact with Yellow Cab in the early morning hours of February 23

the Foreperson of the 2011 2012 Statutory Grand Jury, in Boulder, Colorado, do hereby swear and affirm that each and every True Bill returned in this Indictment by the 2011-2012 Statutory Grand Jury was arrived at after deliberation and with the assent and agreement to the existence of probable cause by at least nine members of the 20112012 Statutory Grand Jury.

FvIIthPERSON

Subscribed and sworn to before me in the City and County of Boulder, State of Colorado, this

/q -day of January, 2012.

4T~ f
NOTARY UBLIC My Commission Expires:

submitted Respectfully submitted and approved for filing this

fri

day of January, 2012.

STANLEY L. GARNETT District Attorney

Ryan Brckley, #52 Attorneys Office

th

Bo r,C08030 (303) 441-3700

a Booth, #30087 Katha2puty District Attorney Chief Twentieth Judicial District Attorneys Office 1777 6th Street Boulder, CO 80303 (303) 441-3700

The Court orders this Superseding Indictment returned BOND HEREBY REMAINS SET CONSISTENT WITH THE ORIGINAL INDICTMEN I IN THIS CASE, IN THE ORIGINAL AMOUNT AND WITH THE ORIGINAL BOND IONS CONDITIONS.

BYT

URT

ROXANNE BAIL[N Chief Judge Twentieth Judicial District State of Colorado