DENVER — A former CIA contractor involved in a fatal shootout in Pakistan and then charged with a felony in Colorado after a fight over a parking space would have his charges reduced to a misdemeanor if he writes a letter of apology, according to a document obtained Tuesday by The Associated Press.
Raymond Allen Davis has been charged with felony assault, misdemeanor disorderly conduct, and a sentencing enhancing charge of crime of violence. The charges stem from a fight outside a Colorado bagel shop in October 2011, about six months after Davis’ release from Pakistan.
Under the terms of a proposed plea agreement obtained Tuesday from victim Jeffrey Maes’ attorney, Larry Klayman, Davis would admit to injuring Maes’ back, pay restitution, and write a letter of apology. In exchange, prosecutors would allow Davis to plead guilty to a misdemeanor third-degree assault charge and recommend two years’ probation and anger management.
The felony assault and other charges would be dropped.
Davis’ attorney, William Frankfurt, did not return a message seeking comment but asked last week about a pending plea agreement mentioned in court, Frankfurt said: “Nothing’s been finalized.”
18th Judicial District Attorney spokeswoman Lisa Pinto declined to comment, saying plea negotiations are scheduled in court Feb. 11. A judge could approve a plea agreement at that hearing.
Davis is the contractor who was held by Pakistan in January 2011 after he shot and killed two men he said tried to rob him. Pakistan released Davis that March after the victims’ families agreed to accept $2.34 million.
Klayman filed a lawsuit in December 2011 on behalf of Maes, his wife and their two children, who witnessed the fight, seeking unspecified damages. Prosecutors informed Klayman of the proposed plea agreement during a conference call on Jan. 4 and in follow up emails.
Klayman said Maes would not agree to the plea deal unless Davis in his letter of apology includes an admission that he injured Maes, that he wasn’t acting in self-defense and that he agrees to pay restitution.
That letter is crucial to Maes’ pending civil case, which has been delayed because of the criminal case.
“Obviously, if he makes an admission, that comes into the civil case,” Klayman said.
Davis is accused of causing a vertebrae fracture and other injuries to Maes. Frankfurt, Davis’ attorney, disputes that Maes had a broken back, citing a doctor’s description of a “deformity” not fracture on a vertebrae and that Maes may have injured himself when he allegedly tried to tackle Davis during the altercation.
A sheriff’s deputy who testified in court in December 2011 said Davis told him while being transported to jail that he hit Maes first with an open hand. Maes told investigators that fight started after he said it was “stupid” to be fighting over a parking spot.