Ballowe claims faulty fire investigation
Names investigators, firefighters, pubic officials
Black Hawk resident, Terrence Ballowe, has filed documents with the City of Black Hawk, Black Hawk Fire Department, Colorado Bureau of Investigation, Gilpin County District Attorney, Central City Fire Department and the First Judicial District Attorney claiming that statements, testimony and interpretations related to his being charged with arson were incomplete, false and/or misleading and that some items were omitted or not provided. Ballowe’s Chase Street bed and breakfast was heavily damaged by fire in January, 2009. In August, Ballowe was charged with Third Degree Arson, a Class Four Felony that carries penalties of a $2,000-$500,000 fine and 2-6 years incarceration.
Ballowe claims that conclusions drawn from the investigation, which resulted in his being charged, constitute an ad-hominem argument. He maintains that omissions and false statements made in the complaint against him, issued by District Attorney Scott Storey, have caused irreversible damage to his credibility and unwarranted emotional stress to him and his family. He asserts investigators would not have found their “predetermined conclusion” to be incorrect, had they been more thorough in their investigation. Calling the investigators’ actions, “deceptive and disturbing,” Ballowe states “A proper investigation would have shown that the accusations of Agent Martinez, Agent Tolman, Detective Adams, and Agent Gigliardi should never have been made about Mr. Ballowe.” Ballowe adds that omission of selected recordings and documentation is unconstitutional.
During the investigation, agents reviewed Ballowe’s financial status. His claim states they looked at only one side of that status and used it to support their “preconceived determination.” Had all information been objectively considered, Ballowe states, it would have shown that what investigators concluded “was too far from the truth.”
Ballowe specifically names forty-six people in his claim against the different entities. They include seven CBI agents and one CBI technician; thirteen Black Hawk police officers and the Police Chief; five Black Hawk firefighters and the Fire Chief; seven Central City volunteer firefighters and the Fire Chief; six Black Hawk aldermen and the Mayor; an attorney and investigator of the District Attorney’s Office and the District Attorney; and “any other person that was involved.”
It’s likely there will be no counteraction taken by any of the entities until they see if this claim is addressed at Ballowe’s next court appearance. That is scheduled for March 5, 2010.