The 22nd District Attorney’s Office has reached a diversion agreement with Montezuma-Cortez RE-1 Superintendent Harry (Tom) Burris, according to a news release from the DA’s office on Thursday morning.
Burris was charged in 2024 with a Class 2 misdemeanor for failure to report alleged sexual abuse of a student by a teacher. A later investigation revealed that abuse did not occur.
In the diversion agreement, Burris is required to create a reporting safety plan for the district, as well as receive additional training on the mandatory reporting law.
If all the requirements of the diversion agreement are met, the charges against Burris will be dismissed.
“The diversion agreement negotiated in this case provides for an appropriate level of accountability as well as an important opportunity to provide heightened awareness and understanding of mandatory reporting laws for the entire school district,” Assistant DA Justin Pierce said. “This is a fair outcome that we would offer to any defendant with no criminal history who is accused of a low-level misdemeanor crime, regardless of their status in the community.”
Colorado’s mandatory reporting law requires school district employees immediately report “suspected or alleged” child abuse or neglect. Reporting individuals can contact the Department of Human Services, law enforcement or the State Child Abuse Reporting Hotline.
Defense attorney David Illingworth on Thursday maintained that Burris was innocent, and blamed former DA Christian Hatfield and a former, unnamed employee for pushing the case against Burris. Hatfield lost his campaign to be reelected in November.
“This case was filed by the previous district attorney, whose judgment was overwhelmingly rejected by the voters. Mr. Burris has always been completely innocent of these charges, which were pushed by a political activist and a disgruntled former employee, and I'm pleased that when an impartial prosecutor reviewed this case, we were able to reach an agreement that respects his innocence,” Illingworth told The Journal. “We look forward to seeing this case finally dismissed and working with the district attorney going forward to ensure that the safe learning environment for all students continues to be the district's highest priority.”
On Aug. 12, 2024, Burris was first cited on suspicion of violating Colorado Statute 19-3-304, “Persons required to report child abuse or neglect,” after a parent expressed concern to Burris. The parent reportedly shared that she was concerned her high school student might be in an “inappropriate, sexual” relationship with a teacher, according to a report that The Journal obtained from the Cortez Police Department.
Timeline
June 1, 2023: The approximate date that the Cortez Police Department estimates Superintendent Harry “Tom” Burris of the Montezuma-Cortez School District RE-1 allegedly violated Colorado Statute 19-3-304 – “Persons required to report child abuse or neglect.” (Source: Cortez Police Department)
May 7, 2024: Burris reportedly tells the Montezuma-Cortez Board of Education about the allegation of sexual abuse by a high school teacher, who is subsequently fired. (Source: Montezuma-Cortez Board of Education)
July 9, 2024: Human Resource Director Cyndi Eldredge is fired.
July 18, 2024: Eldredge gives Cortez Police Detective Shane Fletcher a video recording of a phone conversation between her and Burris that occurred June 13. In the police report, Eldredge said Burris had called her at 10 p.m. that night. (Source: Cortez Police Department)
July 22, 2024: Parents of the student meet with officers at the Cortez Police Department. The boy’s mother acknowledged that she had made a report to Burris about her son’s relationship with the teacher. (Source: Cortez Police Department)
July 24, 2024: Police meet with the student at Four Corners Advocacy Center, and Lacey Osterloh conducts a forensic interview with him. (Source: Cortez Police Department)
Aug. 7, 2024: Burris leaves a meeting with Detective Fletcher at the police station. (Source: Cortez Police Department)
Aug. 12, 2024: A police citation accuses Burris of violating Colorado Revised Statute 19-3-304. (Source: Cortez Police Department)
Sept. 25, 2024: Arraignment. (Montezuma County Court)
Oct. 22, 2024: Pretrial conference. (Montezuma County Court)
Dec. 3, 2024: Plea hearing turned continuance. (Montezuma County Court)
Jan. 21, 2025: Plea hearing. (Montezuma County Court)
Feb. 6, 2025: 22nd District Attorney’s Office announces via press release that a diversion agreement has been reached in Burris’ case. (22nd District Attorney’s Office)
The police reports further revealed that Burris might have become aware of the allegations in June 2023, but never reported them. Burris later told police that the child’s mother had asked him not to say anything about the relationship.
In spring 2024, shortly after it was discovered that no sexual abuse occurred, the teacher was fired. Child Protective Services provided a report of the alleged abuse to the Cortez Police Department on July 15, 2024. The report had been given to CPS by Jonathan (JJ) Lewis, former RE-1 school board candidate and social worker.
Lewis’ report also alleged that the Montezuma-Cortez Board of Education had been made aware about the reported abuse at an executive session in May, before the teacher’s firing.
Not long after Lewis’ report was given to police, former district HR Director Cynthia Eldredge provided a recording of a phone call between herself and Burris to police.
In the call, Burris could be heard telling Eldredge about the alleged abuse and forbidding her from reporting it. The police report said Burris was thought to be intoxicated during the call.
During his plea hearing on Jan. 21, Burris pleaded not guilty to the charge of failing to report allegations of student abuse.
The trial had been set for Thursday, May 8 and a motions hearing had been set for Thursday, March 20.
